House of Lords Journal 233 (Session 1999-00)


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Thursday 27 January 2000

The House met at ten o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Aldington, L.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
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.
Barber, L.
Barker, B.
Barnett, L.
Bassam of Brighton, 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.
Bramall, L.
Brett, L.
Bridge of Harwich, L.
Bridges, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Browne-Wilkinson, L.
Bruce of Donington, L.
Burlison, L.
Burns, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Campbell of Alloway, L.
Campbell of Croy, L.
Canterbury, Abp.
Carter, L.
Chadlington , L.
Chalfont, L.
Christopher , L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clyde, 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.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Diamond, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eccles of Moulton, B.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.

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Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gladwin of Clee, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Hambro, L.
Hamwee, B.
Hanningfield, L.
Hardy of Wath, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Hilton of Eggardon, B.
Hobhouse of Woodborough, L.
Hogg, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hylton-Foster, B.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Putney, L.
Jopling, L.
Kennedy of The Shaws, B.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lincoln, Bp.
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.
McCarthy, L.
McColl of Dulwich, L.
Macfarlane of Bearsden, 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.
MacLaurin of Knebworth, L.
McNally, L.
Maddock, 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.
Miller of Chilthorne Domer, B.
Miller of Hendon, 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.
Mowbray and Stourton, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Nicholls of Birkenhead, L.
Nicol, B.
Norfolk, D.
Northbourne, L.
Northbrook, L.
Northesk, E.
O’Cathain, B.
Onslow, E.
Orme, L.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patten, L.
Paul, L.
Peel, E.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Phillips of Sudbury, L.
Pike, B.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plummer of St. Marylebone, L.
Prashar, B.
Prys-Davies, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Reay, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renton, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Serota, B.
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.
Southwark, Bp.
Stallard, L.
Stern, B.
Stevens of Ludgate, L.
Stewartby, L.
Steyn, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Tenby, V.
Thomas of Gwydir, L.
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.
Vivian, L.
Waddington, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Weidenfeld, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Mostyn, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Lincoln.

Judicial Business

1.Burridge (A.P.) (Respondent) v. London Borough of Harrow (Appellants) and others—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 20th March 1998 be set aside and that the Order of Mr Justice Moses of 9th December 1997 be restored; that the costs of the appellants in the Court of Appeal and before this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for 4 weeks to allow the Legal Aid Board to object if they wish; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988.
2.Gregory (A.P.) (Appellant) v. Portsmouth City Council (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 5th November 1997 be affirmed and the appeal dismissed; that the costs of the respondents before this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for 4 weeks to allow the Legal Aid Board to object if they wish; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.
3.Barrett and others (Appellants) v. Morgan (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 6th July 1998 and the Order of Mr Peter Smith, QC, of 18th December 1996 be set aside; that there be an order for possession of all the agricultural land comprising Mordon North Farm and Mordon West Farm, Mordon, County Durham against the respondent in 42 days; that the respondent do pay to the appellants mesne profits of £92,316 for the period until 24th September 1996; that the cause be remitted to the Chancery Division for the calculation of mesne profits from 25th September 1996 and for the calculation of interest; and that the respondent do pay to the appellants their costs before Mr Peter Smith, in the Court of Appeal 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.
4.Regina v. Secretary of State for the Home Department (Appellant) ex parte A (A.P.) (Respondent) (On Appeal from the Queen’s Bench Division of the High Court of Justice)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of Mr Justice Collins of 9th July 1999 be set aside and that the respondent’s application be dismissed; that the costs of the appellant in the Divisional Court and before this House be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended for 4 weeks to allow the Legal Aid Board to object if they wish; and that the costs of the respondent in this House be taxed in accordance with the Legal Aid Act 1988.
5.Portman Building Society (Respondents) v. Bevan Ashford (a firm) (Petitioners) and others—The petition of Bevan Ashford praying for leave to appeal was presented and referred to an Appeal Committee.
6.Regina v. Department of Health (Petitioners) ex parte Source Informatics Limited (Respondents) and others—The petition of the Department of Health praying for leave to appeal was presented and referred to an Appeal Committee.
7.Appeal Committee—The 17th Report from the Appeal Committee was agreed to and the following Orders were made—

Regina v. Jackson (Petitioner)—That leave to appeal be refused.

Byrne (Respondent) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Petitioners)—That the respondent be invited to lodge objections by 10th February next.

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Byrne (Petitioner) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Respondents)—That the respondents be invited to lodge objections by 10th February next.

In re Burke (A.P.) (Petitioner)—That the respondents be invited to lodge objections by 10th February next.

Regina v. Allen (Petitioner)—That leave to appeal be refused.

Regina v. Henry (Petitioner)—That leave to appeal be refused.

In re Peci (A.P.) (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused and the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988.

8.Appeal Committee—The 18th Report from the Appeal Committee was agreed to and the following Order was made—

White (A.P.) (Appellant) v. White and the Motor Insurers Bureau (Respondents)—That the petition of the Secretary of State for Environment, Transport and the Regions that he might be heard or otherwise intervene in the said appeal be allowed.

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

Papers

9.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Organisation for Security and Co-operation in Europe—
(i)Vienna Document 1999 of the Negotiations on Confidence- and Security-Building Measures: Adopted at the 269th Plenary Meeting of the OSCE Forum for Security Co-operation in Istanbul on 16th November 1999;(4559)
(ii)OSCE Istanbul Summit: Istanbul Documents 1999;(4560)
2.Child Labour—Presentation of a Convention and a Recommendation Adopted at the 87th Session of the International Labour Conference (1999) and the Proposed Action by the United Kingdom on the Convention and Recommendation;
 (4574)
3.Children—Report for 1995–99 on the Children Act.
 (4579)
10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Social Security and Child Support (Decisions and Appeals) Amendment Regulations 2000, laid under the Social Security Act 1998;
 (119)
2.Public Order (Prescribed Forms) Regulations (Northern Ireland) 2000, laid under the Public Processions (Northern Ireland) Act 1998;
 (155)
3.Telecommunications (Data Protection and Privacy) (Amendment) Regulations 2000, laid under the European Communities Act 1972.
 (157)
11.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. (i)Report and Accounts for 1998–99 of the Military Survey Defence Agency;
(ii)Report and Accounts for 1998–99 of the Defence Transport and Movements Executive;
(iii)Report and Accounts for 1998–99 of the Naval Manning Agency;
laid under the Exchequer and Audit Departments Act 1921;
2.Accounts for 1998–99 of the Gas Levy, together with Report of the Comptroller and Auditor General, laid under the Gas Levy Act 1981;
3.Accounts for 1998–99 of the National Galleries of Scotland, together with the Report of the Comptroller and Auditor General, laid under the National Galleries of Scotland Act 1906;
4.Army Act 1955 (Part 1) (Regular Army) (Amendment) Regulations 2000, laid under the Army Act 1955.
 (—)

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Public Business

12. Learning and Skills Bill [HL] —It was moved by the Lord Bach, on behalf of the Baroness Blackstone, that it be an instruction to the Committee of the Whole House to whom the Learning and Skills Bill [HL] has been committed that they consider the bill in the following order:
Clause 1
Schedule 1
Clauses 2 to 19
Schedule 2
Clauses 20 to 26
Schedule 3
Clauses 27 to 30
Schedule 4
Clauses 31 to 45
Schedule 5
Clauses 46 to 49
Schedule 6
Clauses 50 to 98
Schedule 7
Clauses 99 to 113
Schedule 8
Clauses 114 and 115
Schedule 9
Clauses 116 to 118;

the motion was agreed to.

13.Race Relations (Amendment) Bill [HL]—After debate, the report was received; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 26)
14.Census (Amendment) Bill [HL]—It was moved by the Lord Weatherill 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.

The House was adjourned at twenty-one minutes before seven o’clock
to Monday next, half-past two o’clock.