House of Lords Journal 233 (Session 1999-00)


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Monday 13 December 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.
Alexander of Weedon, 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.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Biffen, L.
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.
Brightman, L.
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.
Butler of Brockwell, L.
Butterworth, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnarvon, E.
Carter, L.
Carver, L.
Chalfont, L.
Christopher, L.
Clarke of Hampstead, L.
Clement- Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Denton of Wakefield, B.
Desai, L.
Dholakia, L.
Dixon, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eatwell, L.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Ewing of Kirkford, L.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Freeman, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Geraint, L.
Gladwin of Clee, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Grabiner, 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.
Haskel, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.

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Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, 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.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laming, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Ardbrecknish, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maddock, B.
Mallalieu, B.
Mancroft, L.
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.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Moore of Wolvercote, L.
Morris of Manchester, L.
Moynihan, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
Orme, L.
Oxford, Bp.
Palmer, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
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.
Rees, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Roll of Ipsden, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Serota, B.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, 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.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Macclesfield, L.
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.
Wade of Chorlton, L.
Walker of Doncaster, L.
Wallace of Coslany, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Weidenfeld, L.
Whaddon, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Young, B.
Young of Old Scone, B.

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PRAYERS were read by the Lord Bishop of Southwark.

1.Leave of Absence—Leave of absence was granted to the Lord Chancellor for Thursday 16th December.

Judicial Business

2.Her Majesty’s Attorney General (Respondent) v. Mathew (Petitioner)—The petition of Thomas Mathew praying for leave to appeal was presented and referred to an Appeal Committee (lodged 15th November).
3.Arab Bank plc (Respondents) v. John D Wood Commercial Limited and others and another (Petitioners)—The petition of Weatherall, Green & Smith praying for leave to appeal was presented and referred to an Appeal Committee.
4.Jarvis Interiors (Respondents) v. Galliard Homes Limited (Petitioners)—The petition of Galliard Homes Limited praying for leave to appeal was presented and referred to an Appeal Committee.
5.Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Respondents) v. Stargas Limited and others (Respondents) and Bergesen D.Y. A/S ‘Berge Sisar’ (Appellants)—
6.Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Appellants) v. Stargas Limited and others (Respondents)—
(Conjoined Appeals)
The petition of Dow Europe SA praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants and the respondents not consenting thereto), was presented and referred to an Appeal Committee.
7.In re F (a minor) (1999)—The respondents legal aid certificate was lodged.
8.Islam and another and another (A.P.) (Petitioner) v. Director of Public Prosecutions (Respondent)—The petitioner’s legal aid certificate was lodged.
9.Brocklesby (A.P.) (Respondent) v. Armitage & Guest (a firm) (Petitioners)—The respondents legal aid certificate was lodged.
10.Appeal Committee—The following Order was made pursuant to the First Report—

In re F (a minor) (1999)—That leave to appeal be refused; and that the costs of the Respondent be taxed in accordance with the Legal Aid Act 1988.

11.Appeal Committee—The following Order was made pursuant to the 2nd Report—

Colley (A.P.) (Petitioner) v. Secretary of State for the Environment and another (Respondents)—That the second respondents’ costs be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended until 10th January next to enable the Legal Aid Board to object if they wish.

12.Appeal Committee—The following Order was made pursuant to the 3rd Report—

Smithkline Beecham Biologicals SA (Respondents) v. Connaught Laboratories Inc (Petitioners)—That the petition be referred for hearing.

13.Appeal Committee—The 9th Report from the Appeal Committee was agreed to and the following Orders were made—

Brocklesby (A.P.) (Respondent) v. Armitage & Guest (a firm) (Petitioners)—That leave to appeal be refused; and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

Official Receiver and Liquidator of Celtic Extraction Limited and another (Respondents) v. Environment Agency (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.

Schuldenfrei (Petitioner) v. Hilton (Her Majesty’s Inspector of Taxes) (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

Cowell and another (t/a The Stables) (Respondents) v. Williams (Petitioner)—That leave to appeal be refused.

ECM (Vehicle Delivery Service) Limited (Petitioners) v. Cox 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.

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Delaware Mansions Limited and others (Respondents) v. Lord Mayor and Citizens of the City of Westminster (Petitioners)—That the respondents be invited to lodge objections by 27th December next.

Brown (A.P.) and another (A.P.) (Petitioners) v. Bennett and others (Respondents)—That leave to appeal be refused; that the costs of the petitioners be taxed in accordance with the Legal Aid Act 1988; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

14.Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on 10th December, were ordered to lie on the Table:
1.Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 1999, laid under the Public Lending Right Act 1979;
 (3304)
2. (i)Special Commissioners (Amendment of the Taxes Management Act 1970) Regulations 1999—(3294)
(ii)General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 1999—(3293)
(iii)Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 1999—(3292)
 laid under the Taxes Management Act 1970;
3.Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No. 2) Regulations 1999, laid under the Legal Aid Act 1988;
 (3299)
4.Greater London Authority Act 1999 (Consequential and Transitional Provisions) (Police) Order 1999, laid under the Greater London Authority Act 1999;
 (3272)
5.Kirkley Hall College, Ponteland, Northumberland (Dissolution) Order 1999, laid under the Further and Higher Education Act 1992;
 (3300)
6.Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Amendment Order 1999, laid under the Scotland Act 1998;
 (3273)
7.Local Government etc. (Scotland) Act 1994 (Exemption from Repeal) (Scotland) Order 1999, laid under the Local Government etc. (Scotland) Act 1994;
 (3274)
8.Non–Domestic Rating Contributions (England) (Amendment) Regulations 1999, laid under the Local Government Finance Act 1988;
 (3275)
9.Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (Amendment) Regulations 1999, laid under the School Standards and Framework Act 1998;
 (3297)
10.Merchant Shipping (Seamen’s Documents) (Amendment) Regulations 1999, laid under the Merchant Shipping Act 1995.
 (3281)
15.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Local Government Best Value (Exemption) (England) Order 1999.

16.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Passenger Transport Executives (Capital Finance) (Amendment) (England) Order 1999, laid under the Local Government and Housing Act 1989;
 (3310)
2. (i)Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Medway) Order 1999—(3313)
(ii)Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Gravesham) Order 1999—(3314)
 laid under the Road Traffic Act 1991;
3.Premium Savings Bonds (Amendment) Regulations 1999, laid under the National Debt Act 1972;
 (3305)
4.Registration of Births, Deaths and Marriages (Fees) Order 1999, laid under the Public Expenditure and Receipts Act 1968.
 (3311)
17.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Amendment List 5 to AP 400B–0001 Regulations for the Royal Air Force Reserve and the Royal Auxiliary Air Force, laid under the Air Force (Constitution) Act 1917;
2.Statement of Guarantee given by the Secretary of State for Health in respect of temporary borrowing by Somerset Partnership National Health Service and Social Care Trust from National Westminster Bank plc, laid under the National Health Service and Community Care Act 1990.

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Public Business

18.Healthcare Services Bill [HL]—A bill to regulate the provision of certain healthcare services outside the National Health Service was presented by the Baroness Nicholson of Winterbourne, read a first time and ordered to be printed. (HL Bill 13)
19.Select Committees of the House—It was moved by the Chairman of Committees that the Lord Craig of Radley be appointed a member of the Committee of Selection, the House of Lords’ Offices Committee, the Liaison Committee, the Committee for Privileges and the Procedure of the House Committee in the place of the Lord Weatherill; the motion was agreed to.
20.Care Standards Bill [HL]—It was moved by the Lord Hunt of Kings Heath 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.
21. Nuclear Safeguards Bill [HL] —The bill was reported from a Grand Committee without amendment (see appendix 1).
22.Crown Prosecution Service Inspectorate Bill [HL]—The bill was reported from a Grand Committee without amendment (see appendix 2).
23.Legal Advice and Assistance (Scope) (Amendment) Regulations 1999—It was moved by the Lord Bach that the draft Regulations laid before the House on 1st December be approved; then it was moved by the Lord Goodhart, as an amendment thereto, at end to insert “save that this House calls upon Her Majesty’s Government to defer the coming into force of paragraphs 2 to 7 until section 4 of the Access to Justice Act 1999 has been brought into force”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to.
24.Legal Aid (Prescribed Panels) (Amendment) Regulations 1999—It was moved by the Lord Bach that the draft Regulations laid before the House on 29th November be approved; after debate, the motion was agreed to.
25.Middle East—The Lord Hylton asked Her Majesty’s Government how they view the current state of peace negotiations in the Middle East; after debate, the question was answered by the Baroness Scotland of Asthal.

The House was adjourned at twenty minutes before ten o’clock
till tomorrow, two o’clock for judicial business,
half-past two o’clock for public business.


APPENDIX 1

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock

Nuclear Safeguards Bill [HL]—The bill was considered in a Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

The Committee was adjourned at twenty-three minutes past four o’clock


APPENDIX 2

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past four o’clock

Crown Prosecution Service Inspectorate Bill [HL]—The bill was considered in a Grand Committee; an amendment was moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

The Committee was adjourned at twenty minutes before five o’clock