House of Lords Journal 233 (Session 1999-00)


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Page 72

1999-00

Volume 233      

Tuesday 14 December 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.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Annan, L.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belstead, L.
Biffen, L.
Blackwell, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blood, B.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Browne-Wilkinson, L.
Bruce of Donington, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Butterfield, L.
Butterworth, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnarvon, E.
Carr of Hadley, L.
Carrington, L.
Carter, L.
Chalfont, L.
Chalker of Wallasey, B.
Christopher, L.
Clark of Kempston, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Constantine of Stanmore, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Eatwell, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
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.
Flowers, L.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Geddes, L.
Geraint, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Gregson, L.
Hanningfield, L.
Hardy of Wath, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hattersley, L.
Hayhoe, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Hooper, B.
Hooson, L.
Hope of Craighead, 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.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hutton, L.
Hylton, L.
Hylton-Foster, B.
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.
Kimball, L.
Kingsland, L.
Kirkhill, L.

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Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lincoln, Bp.
Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McNally, L.
Mallalieu, B.
Mar, C.
Marlesford, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Millett, L.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
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.
Nicholls of Birkenhead, L.
Nolan, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Bengarve, B.
Onslow, E.
Orme, L.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Patel, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Porter of Luddenham, L.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Rees, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Rotherwick, L.
Russell, E.
Ryder of Warsaw, B.
Ryder of Wensum, L.
Saatchi, 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.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
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.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Thomas of Swynnerton, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Doncaster, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, 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.
Willoughby de Broke, L.
Windlesham, L.
Winston, L.
Wright of Richmond, L.
Young, B.

PRAYERS were read by the Lord Bishop of Southwark.

Judicial Business

1.Regina v. Manchester Stipendiary Magistrate and the Lord Advocate (Appellant) ex parte Granada Television Limited (Respondents) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Divisional Court of 16th October 1998 be set aside and that the application of the respondents be dismissed; that the certified question be answered in the negative; and that the respondents do pay to the appellant his costs in the Queen’s Bench Division 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.In re H (a minor) (1999)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 11th November last be affirmed and the appeal dismissed; and that there be no order as to costs save that the costs of the appellant and respondent in this House be taxed in accordance with the Legal Aid Act 1988.
3.Banco Nacional de Cuba (Respondents) v. Cosmos Trading Corporation (Petitioners)—The petition of Cosmos Trading Corporation praying for leave to appeal was presented and referred to an Appeal Committee (lodged 7th December).
4.Drew-Morgan (Respondent) v. Hamid-Zadeh (Petitioner)—The petition of Nassia Hamid-Zadeh praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 23rd July).
5.Appeal Committee—The 10th Report from the Appeal Committee was agreed to and the following Order was made—

Porter (Petitioner) v. Magill (Respondent) and one other action—That the parties be invited to lodge submissions by 28th December next.

6.Appeal Committee—The 11th Report from the Appeal Committee was agreed to and the following Orders were made—

London Borough of Bromley (Petitioners) v. Special Education Needs Tribunal (Respondents) and others—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.

Optident Limited and another (Petitioners) v. Secretary of State for Trade and Industry and another (Respondents)—That the petition be referred for hearing.

Cullin (Respondent) v. London Fire and Civil Defence Authority (Petitioners) and two other actions—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

EMI Group Electronics Limited (formerly known as Thorn EMI Electronics Limited) (Petitioners) v. Coldicott (Her Majesty’s Inspector of Taxes) (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

Glencore Grain Limited (Petitioners) v. Argos Trading Company Limited (Respondents) and one other action—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.

Sheriff (A.P.) (Petitioner) v. Klyne Tugs (Lowestoft) Limited (Respondents)—That leave to appeal be refused; that the costs of the petitioner 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.

Drew-Morgan (Respondent) v. Hamid-Zadeh (Petitioner)—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.

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

Papers

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

Finance—Report on United Kingdom Operations at the International Monetary Fund October 1998 to September 1999.

(—)

8.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Criminal Appeals (Devolution Issues) Rules (Northern Ireland) 1999—(—)
(ii)Rules of the Supreme Court (Northern Ireland) (Amendment No.3) 1999—(—)
(iii)Crown Court (Amendment No 2) Rules (Northern Ireland) 1999—(—)

laid under the Judicature (Northern Ireland) Act 1978;

2.Travel Documents (Fees) Regulations 1999, laid under the Immigration and Asylum Act 1999;
 (3339)

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3.Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992;
 (3266)
4. (i)Town and Country Planning (Development Plan) (England) Regulations 1999—(3280)
(ii)Transnational Information and Consultation of Employees Regulations 1999—(3323)

laid under the European Communities Act 1972;

5.Local Government (Best Value) Performance Plans and Reviews Order 1999, laid under the Local Government Act 1999;
 (3251)
6.Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 1999, laid under the Superannuation Act 1972.
 (3259)
9.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 1998–99 of the Lord Chancellor’s Advisory Committee on Legal Education and Conduct, laid under the Courts and Legal Services Act 1990;
2.Report for 1998–99 of the Council on Tribunals, laid under the Tribunals and Inquiries Act 1992.

Select Committee Report

10.Statutory Instruments—The 4th Report from the Joint Committee was made on certain statutory instruments; it was ordered that the Report be printed. (HL Paper 13)

Private Business

11.City of Newcastle upon Tyne Bill [HL]—The bill was read a third time and passed and sent to the Commons.

Public Business

12.Life Peerages (Appointments Commission)—It was moved by the Lord Kingsland that an Humble Address be presented to Her Majesty praying that Her Majesty may be graciously pleased to allow that Her undoubted Prerogative and interest may not stand in the way of the consideration by Parliament during the present Session of any measure to establish a Commission to make proposals for the conferment of life peerages under the Life Peerages Act 1958; the motion was agreed to and it was ordered that the Address be presented to Her Majesty by the Captain of the Gentlemen at Arms.
13.Race Relations (Amendment) Bill [HL]—The Queen’s Consent was signified; then it was moved by the Lord Bassam of Brighton 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.Children and HIV/AIDS—The Baroness Massey of Darwen asked Her Majesty’s Government what steps they are taking to help children living with HIV/AIDS; after debate, the question was answered by the Lord Hunt of Kings Heath.

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