House of Lords Journal 233 (Session 1999-00)


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Thursday 3 February 2000

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.
Alderdice, L.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burns, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle, Bp.
Carnarvon, E.
Carter, L.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Christopher, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, 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.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Gilbert, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Hamwee, B.
Hanham, B.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Healey, L.
Henley, L.
Hilton of Eggardon, B.
Hogg, B.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hussey of North Bradley, L.
Hutton, L.
Hylton, L.

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Hylton-Foster, B.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Judd, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
Macfarlane of Bearsden, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McNally, L.
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.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moran, L.
Morris of Manchester, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Nicholls of Birkenhead, L.
Nicol, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
Onslow, E.
Orme, L.
Owen, L.
Palmer, L.
Park of Monmouth, B.
Paul, L.
Pearson of Rannoch, L.
Peston, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Porter of Luddenham, L.
Prashar, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Rea, L.
Reay, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Rotherwick, L.
Russell, E.
Russell-Johnston, L.
Saatchi, L.
St. John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Serota, B.
Sewel, L.
Sharman, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Shrewsbury, E.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stern, B.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tope, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Coslany, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Whaddon, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.

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PRAYERS were read by the Lord Bishop of Carlisle.

Judicial Business

1.Glasgow City Council and others (Respondents) v. Marshall and others (Appellants) (Scotland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutor of the First Division of the Inner House of the Court of Session in Scotland of 21st October 1997 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
2.Equitable Life Assurance Society (Appellants) v. Hyman (Respondent)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
3.Appeal Committee—The 20th Report from the Appeal Committee was agreed to and the following Orders were made—

Citoma Trading Limited (Petitioners) v. Federative Republic of Brazil (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.

O Palomo SA (Respondents) v. Turner & Co (a firm) (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.

Turner & Co (a firm) (Petitioners) v. O Palomo SA (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.

North British Housing Association Limited (Respondents) v. Sheridan (A.P.) (Petitioner)—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.

Dunlop International AG (formerly Dunlop International Limited) (Petitioners) v. Pardoe (Her Majesty’s Inspector of Taxes) (Respondent)—That leave to appeal be refused.

Jones (A.P.) (Petitioner) v. Chief Constable of Bedfordshire Police (Respondent)—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 respondent be at liberty to apply for his 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.

Comninos (Petitioner) v. Prudential Assurance 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.

Leeson (Petitioner) v. Director of Public Prosecutions (Respondent)—That leave to appeal be refused.

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

4.Lord Robertson of Port Ellen—The Right Honourable George Islay MacNeill Robertson, having been created Baron Robertson of Port Ellen, of Islay in Argyll and Bute, for life by Letters Patent dated 24th August 1999 (see appendix), was introduced between the Lord Healey and the Lord Gilbert, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute.

Papers

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

Salary Review Bodies—Report of the Review Body on Senior Salaries: The Greater London Authority: initial pay, expenses, pensions and severance arrangements for the Mayor and Assembly Members.

(4547)

6.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Greater London Authority (Election Expenses) Order 2000;
2.Draft Greater London Authority (Disqualification) Order 2000.

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7.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Civil Procedure (Amendment) Rules 2000, laid under the Civil Procedure Act 1997;

(221)

2.National Health Service (General Medical Services) Amendment Regulations 2000, laid under the National Health Service Act 1977.
 (220)

Public Business

8.Insolvency Bill [HL]—A bill to amend the law about insolvency; to amend the Company Directors Disqualification Act 1986; and for connected purposes was presented by the Lord McIntosh of Haringey, read a first time and ordered to be printed. (HL Bill 28)
9.Insolvency Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 28–EN)
10.Comhairle Nan Eilean Siar (Eriskay Causeway) Order Confirmation Bill—A bill to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936, relating to Comhairle Nan Eilean Siar (Eriskay Causeway) was brought from the Commons, read a first time (pursuant to the Private Legislation Procedure (Scotland) Act 1936), deemed to have been read a second time and reported from the Committee.
11.Children (Leaving Care) Bill [HL]—It was moved by the Lord Hunt of Kings Heath that the order of commitment of 7th December last be discharged and that the bill be committed to a Grand Committee; the motion was agreed to.
12.Crown Prosecution Service Inspectorate Bill [HL]—The report was received.
13.Nuclear Safeguards Bill [HL]—The bill was read a third time and passed and sent to the Commons.
14.Race Relations (Amendment) Bill [HL]—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; a privilege amendment was agreed to; then, after debate, the bill was passed and sent to the Commons.
15.Parliamentary Commissioner (Amendment) Bill [HL] —The order of commitment was discharged .
16.Census (Amendment) Bill [HL]—The House resolved itself into a Committee upon the bill; amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 29)
17.Local Government Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 65 stood part.

The House was adjourned at eighteen minutes before six o’clock
to Monday next, half-past two o’clock.


APPENDIX

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 George Islay MacNeill Robertson to the state degree style dignity title and honour of Baron Robertson of Port Ellen of Islay in Argyll and Bute

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 Robertson of Port Ellen 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 the twenty-fourth day of August in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL