House of Lords Journal 233 (Session 1999-00)


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Tuesday 29 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.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
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.
Bell, L.
Bellwin, L.
Belstead, L.
Biffen, L.
Birmingham, Bp.
Blackwell, L.
Blaker, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blood, B.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brett, L.
Bridge of Harwich, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Bristol, Bp.
Brittan of Spennithorne, L.
Brooke of Alverthorpe, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butterworth , L.
Byford, B.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle of Bucklow, L.
Carnarvon, E.
Carnegy of Lour, B.
Carr of Hadley, L.
Carrington, L.
Carter, L.
Cavendish of Furness, L.
Chadlington, L.
Chalfont, L.
Chichester, Bp.
Christopher, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cooke of Islandreagh, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crickhowell, L.
Cuckney, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.

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Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Dormand of Easington, L.
Dubs, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Faulkner of Worcester, L.
Filkin, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freeman, 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.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Gregson, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Henley, L.
Hereford, Bp.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howe, E.
Howe of Aberavon, 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.
Hylton, L.
Hylton-Foster, B.
Inge, L.
Inglewood, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Joffe, L.
Jopling, L.
Judd, L.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Laing of Dunphail, L.
Lamont of Lerwick, L.
Lane, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levene of PortSoken, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Lucas, L.
Luke, L.
McCarthy, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Ardbrecknish, L.
Mackay of Drumadoon, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Mallalieu, B.
Manchester, Bp.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
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.
Montrose, D.
Moore of Wolvercote, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Moynihan, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
Onslow, E.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parry, L.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pitkeathley , B.
Plant of Highfield, L.
Plumb, L.
Plummer of St. Marylebone, L.
Portsmouth, Bp.
Prashar, B.
Prentice, L.
PrysDavies, L.
Puttnam, L.
Quirk, L.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Reay, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Renwick of Clifton, L.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
Sainsbury of Turville, L.
St. Albans, Bp.

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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.
Selborne, E.
Selsdon, L.
Serota, B.
Sewel, L.
Sharman, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stevens of Ludgate, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Tanlaw, L.
Taylor of Blackburn, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Tugendhat, L.
Varley, L.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Whaddon, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Mostyn, L.
Willoughby de Broke, L.
Wilson of Tillyorn, L.
Winchester, Bp.
Woolmer of Leeds, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Southwark.

1.Lord Brittan of Spennithorne—The Right Honourable Sir Leon Brittan, Knight, QC, having been created Baron Brittan of Spennithorne, of Spennithorne in the County of North Yorkshire, for life by Letters Patent dated 9th February 2000 (see appendix), was introduced between the Lord Howe of Aberavon and the Lord Tugendhat, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2.Lubbe (suing as administrator of the estate of Rachel Jacoba Lubbe) and others (Appellants) v. Cape plc (Respondents) and 10 other actions (England)—The appeal of Schalk Willem Burger Lubbe, Mamabolo Phale (suing as administratrix of the estate of Nkala Johannes Maile), Matlaweng Johannes Mohlala, Catherina Eksteen Nel (suing as administratrix of the estate of Matthys Christofel Nel) and Sebushi Pauline Selwana was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 11th April next (lodged 21st February).
3.Regina v. Secretary of State for Health and others (Respondents) ex parte Imperial Tobacco Limited and others (Appellants) (England)—The appeal of Imperial Tobacco Limited, Gallaher Limited, Rothmans (UK) Limited and British American Tobacco Investments Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 11th April next.
4.Jones (Respondent) v. Waveney District Council (Petitioners)—The petition of Waveney District Council praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
5.Berezovsky (Respondent) v. Michaels and others (Appellants)—
6.Glouchkov (Respondent) v. Michaels and others (Appellants)—

(Consolidated Appeals)—

The petition of James Michaels and Forbes Inc praying for leave to introduce as fresh evidence the fifth witness statement of Mr D S Hooper was presented and referred to an Appeal Committee.

7.Anyanwu and another (Appellants) v. South Bank Students Union and others (Respondents) and Commission for Racial Equality (Interveners)—The appeal was set down for hearing and referred to an Appellate Committee.
8.Regina v. Secretary of State for Health and others (Respondents) ex parte Imperial Tobacco Limited and others (Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

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9.Appeal Committee—The 28th Report from the Appeal Committee was agreed to and the following Orders were made—

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

United Norwest Co-operatives Limited (Petitioners) v. Commissioners of Customs and Excise (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.

Commissioners of Customs and Excise (Respondents) v. Sinclair Collis Limited (Petitioners)—That the petition be referred for hearing.

Regina v. Sheffield City Council (Respondents) ex parte Hague and another (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.

Danae Air Transport Societe Anonyme (Respondents) v. Air Canada (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.

Rogers (Petitioner) v. London Borough of Islington (Respondents)—That leave to appeal be refused.

County Natwest Limited (Petitioners) v. Barton 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.

In re Jingwa (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

Papers

10.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Law Commissions—Report of the Law Commission and Law Commission of Scotland on the Consolidation of Legislation Relating to Sentencing: Powers of Criminal Courts (Sentencing) Bill;
 (4626)
2.Libraries—Report and Accounts for 1998–99 of the National Library of Wales.
 (—)
11.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Energy from Waste Plants (Rateable Values) (England) Order 2000;
2.Draft Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2000;
3.Draft Docks and Harbours (Rateable Values) (England) Order 2000;
4.Draft Railways (Rateable Values) (England) Order 2000;
5.Draft Gas Industry (Rateable Values) (England) Order 2000;
6.Draft Water Undertakers (Rateable Values) (England) Order 2000.
12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Teachers’ Pensions (Employers’ Supplementary Contributions) Regulations 2000, laid under the Superannuation Act 1972;
 (502)
2.Council Tax (Exempt Dwellings) (Amendment) (England) Order 2000, laid under the Local Government Finance Act 1992;
 (424)
3.Insolvency (Amendment) Regulations 2000, laid under the Insolvency Act 1986;
 (485)
4.Colours in Food (Amendment) (England) Regulations 2000, laid under the Food Safety Act 1990.
 (481)
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Statistical Bulletin for 1998 on Motor Vehicle Offences in Scotland, laid under the Police (Scotland) Act 1967;
2.11th Report on the Development of Services for People with Learning Disabilities (Mental Handicap) or Mental Illness in England, laid under the Disabled Persons (Services, Consultation and Representation) Act 1986;
3.Report for 1998–99 on the Public Lending Right Scheme, laid under the Public Lending Right Act 1979;

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4.Statement of appointment of a new member of the British Tourist Authority, laid under the Development of Tourism Act 1969.

Select Committee Report

14.Statutory Instruments—The 11th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
 Draft Milk Development Council (Amendment) Order 2000;
 Draft Education (Student Loans) (Repayment) Regulations 2000;
 Draft Community Legal Service (Cost Protection) Regulations 2000;
 Draft Community Legal Service (Scope) Regulations 2000;
 Draft Conditional Fee Agreements Order 2000;
 Draft Occupational and Personal Pension Schemes (Penalties) Regulations 2000;
 Draft Greater London Authority Elections (Expenses) Order 2000;
 Draft Appropriation (Northern Ireland) Order 2000;

it was ordered that the Report be printed. (HL Paper 39)

Public Business

15.European Communities (Amendment) [HL]—A bill to repeal sections 2 and 3 of, and Schedule 2 to, the European Communities Act 1972 was presented by the Lord Pearson of Rannoch, read a first time and ordered to be printed. (HL Bill 38)
16.Sexual Offences (Amendment) Bill—A bill to reduce the age at which, and to make provision with respect to the circumstances in which, certain sexual acts are lawful; to make it an offence for a person aged 18 or over to engage in sexual activity with or directed towards a person under that age if he is in a position of trust in relation to that person; and for connected purposes was brought from the Commons, endorsed with the certificate from the Speaker (pursuant to the Parliament Act 1911) that the bill, as compared with the Sexual Offences (Amendment) Bill 1999, contains only such alterations as are necessary owing to the time that has elapsed since the date of that bill; the bill was read a first time and ordered to be printed. (HL Bill 39)
17.Sexual Offences (Amendment) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 39–EN)
18.Representation of the People Bill—The report was received; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 40)
19.Link Bank Network—The Lord Graham of Edmonton asked Her Majesty’s Government whether they are aware of the present intention of the Link Bank Network to impose new charges on users of cash machines; and whether this would be consistent with the Government’s policy to combat social exclusion; after debate, the question was answered by the Lord McIntosh of Haringey.

The House was adjourned at fourteen minutes before nine o’clock
till tomorrow, 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 Sir Leon Brittan Knight one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Brittan of Spennithorne of Spennithorne in Our County of North Yorkshire

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 Brittan of Spennithorne 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 ninth day of February in the forty-ninth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL