House of Lords Journal 233 (Session 1999-00)


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Monday 21 February 2000

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.
Aldington, L.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Bagri, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Biffen, L.
Bingham of Cornhill, L.
Blackburn, Bp.
Blackwell, L.
Blaker, L.
Blatch, B.
Blease, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Bradshaw, L.
Bragg, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Butler of Brockwell, L.
Butterworth , L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carter, L.
Chalfont, L.
Christopher , L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Crickhowell, L.
Cumberlege, B.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dholakia, L.
Dixon, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Eames, L.
Eatwell, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.

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Glenarthur, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Gray of Contin, L.
Greengross, B.
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.
Hayhoe, L.
Henley, L.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Holme of Cheltenham, L.
Home, E.
Hooper, B.
Hooson, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hylton-Foster, B.
Inge, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Laird, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Levy, L.
Lipsey, L.
Liverpool, E.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Luke, L.
McColl of Dulwich, L.
McConnell, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Ardbrecknish, L.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
MacLaurin of Knebworth, L.
McNally, L.
Mallalieu, B.
Mancroft, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Miller of Hendon, B.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Northbrook, L.
Northesk, E.
O’Cathain, B.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parry, L.
Patel of Blackburn, L.
Paul, L.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Prashar, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Razzall, L.
Rea, L.
Reay, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Russell-Johnston, L.
Ryder of Wensum, L.
Saatchi, L.
St. Albans, Bp.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sawyer, L.
Seccombe, B.
Sharman, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdal e, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Southwark, Bp.
Stallard, L.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strange, B.
Strathclyde , L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Tugendhat, L.
Uddin, B.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winston, L.
Woolmer of Leeds, L.
Young, B.
Young of Old Scone, B.

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PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1.Caledonia North Sea Limited (Respondents) v. British Telecommunications plc (Appellants) (Scotland)—The appeal of British Telecommunications plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
2.Caledonia North Sea Limited (Respondents) v. Kelvin International Services Limited (formerly Kelvin Catering Limited) (Appellants) (Scotland)—The appeal of Kelvin International Services Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
3.Caledonia North Sea Limited (Respondents) v. London Bridge Engineering Limited (Appellants) (Scotland)—The appeal of London Bridge Engineering Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
4.Caledonia North Sea Limited (Respondents) v. Norton (No.2) Limited (in liquidation) (Appellants) (Scotland)—The appeal of Norton (No.2) Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
5.Caledonia North Sea Limited (Respondents) v. Pickup No.7 Limited (formerly Northern Industrial & Marine Services Company Limited) (Appellants) (Scotland)—The appeal of Pickup No.7 Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
6.Caledonia North Sea Limited (Respondents) v. Stena Offshore Limited (Appellants) (Scotland)—The appeal of Stena Offshore Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
7.Caledonia North Sea Limited (Respondents) v. Wood Group Engineering Contractors Limited (Appellants) (Scotland)—The appeal of Wood Group Engineering Contractors Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 3rd April next.
8.Pegasus Birds Limited (Petitioners) v. Commissioners of Customs and Excise (Respondents)—The petition of Pegasus Birds Limited praying for leave to appeal was presented and referred to an Appeal Committee.
9.Smith (administrator of Cosslett (Contractors) Limited) (Petitioner) v. Bridgend County Borough Council (Respondents)—The petition of Gerald Clifford Smith praying for leave to appeal was presented and referred to an Appeal Committee.
10.Anyanwu and another (Appellants) v. South Bank Students Union and others (Respondents) and Commission for Racial Equality (Interveners)—The petition of the Commission for Racial Equality was presented praying that they might be heard or otherwise intervene in the said appeal (the agents for the appellant and the respondent consenting thereto) and referred to an Appeal Committee.
11.Birmingham City Council (Respondents) v. Clarke (A.P.) (Appellant) (On Appeal from a Divisional Court of the Queens Bench Division)—The petition of Birmingham City Council praying that the Order of the House of 7th December last be vacated was presented and referred to an Appeal Committee.
12.Magill (Appellant) v. Porter (Respondent)—
13.Magill (Appellant) v. Weeks (Respondent)—

(Conjoined Appeals)—

The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 5th April next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

14.North Anderson Cars Limited (Appellants) v. Commissioners of Customs and Excise (Respondents) (Scotland)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 5th April next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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15.Regina v. Housing Benefit Review Board of the City of Westminster (Appellants) ex parte Mehanne (A.P.) (Respondent)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to one month after the respondent’s application for amendment to his legal aid certificate is determined (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
16.Appeal Committee—The 23rd Report from the Appeal Committee was agreed to and the following Order was made—

Birmingham City Council (Respondents) v. Clarke (A.P.) (Appellant) (On Appeal from a Divisional Court of the Queens Bench Division)—That the petition be referred for hearing.

Papers

17.Command Paper—The following paper, having been presented to the House by command of Her Majesty on 18th February, was ordered to lie on the Table:

Seabed Areas—Protocol on the Privileges and Immunities of the International Seabed Authority, together with an explanatory memorandum.

(4592)

18.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Community Legal Service (Scope) Regulations 2000;
2.Draft Community Legal Service (Cost Protection) Regulations 2000;
3.Draft Conditional Fee Agreements Order 2000.
19.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Greater London Authority Act 1999 (Hackney Carriages and Private Hire Vehicles) (Transitional and Consequential Provisions) Order 2000, laid under the Greater London Authority Act 1999.

(412)

20.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Report for 1998–99 of the London Regional Passengers Committee, laid under the London Regional Transport Act 1984.

Public Business

21.Business of the House—It was moved by the Baroness Jay of Paddington that Standing Order 40 (Arrangement of the Order Paper) be dispensed with tomorrow to allow the motion for an Humble Address to be taken before the Second Reading of the Electronic Communications Bill; the motion was agreed to.
22.House of Lords’ Offices—It was moved by the Chairman of Committees that the 3rd Report from the Select Committee (HL Paper 32) be agreed to; the motion was agreed to.
23.Financial Services and Markets Bill—It was moved by the Lord McIntosh of Haringey 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.
24.Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2000—It was moved by the Baroness Farrington of Ribbleton that the draft Order laid before the House on 1st February be approved; after debate, the motion was agreed to.
25.Wales: devolution—The Lord Carlile of Berriew asked Her Majesty’s Government whether their policy objectives in relation to devolution of power to Wales are being achieved; after debate, the question was answered by the Baroness Farrington of Ribbleton.

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