House of Lords Journal 233 (Session 1999-00)


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Page 215

1999-00

Volume 233      

Thursday 2 March 2000

The House met at three 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.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, 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.
Belstead, L.
Blackburn, Bp.
Blatch, B.
Blease, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradshaw, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Brightman, L.
Bristol, Bp.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Butterworth, L.
Byford, B.
Campbell of Alloway, L.
Campbell of Croy, L.
Canterbury, Abp.
Carlile of Berriew, L.
Carlisle, Bp.
Carnegy of Lour, B.
Carr of Hadley, L.
Carter, L.
Chadlington, L.
Chalfont, L.
Christopher, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crickhowell, L.
Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Dormand of Easington, L.
Dubs, L.
Eames, L.
Eatwell, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Filkin, L.
Flather, B.
Flowers, L.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freeman, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gilbert, L.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Holderness, L.
Holme of Cheltenham, L.
Hooper, B.
Hooson, 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.
Hylton, L.
Hylton-Foster, B.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Putney, L.
Joffe, L.
Judd, L.
Kennedy of The Shaws, B.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Linklater of Butterstone, B.

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Lipsey, L.
Liverpool, E.
Lofthouse of Pontefract, L.
Longford, E.
Luke, L.
McColl of Dulwich, 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.
McNally, L.
Maddock, B.
Mallalieu , B.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
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.
Moran, L.
Morris of Castle Morris, 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.
Northesk, E.
Norton of Louth, L.
O’Cathain, B.
Onslow, E.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Walton, L.
Peston, L.
Phillips of Sudbury, L.
Pike, B.
Pilkington of Oxenford, L.
Pitkeathley, B.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Prashar, B.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Pym, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Rees, L.
Rendell of Babergh, B.
Renton, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rogers of Riverside, L.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Serota, B.
Sharman, L.
Shaw of Northstead, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Slim, V.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Trefgarne, L.
Turner of Camden, B.
Uddin, B.
Varley, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Waverley, V.
Weatherill, L.
Whaddon, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Winston, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Bristol.

Judicial Business

1.Jarvis (A.P.) (Petitioner) v. Hampshire County Council (Respondents)—The petition of Marcus Lee Jarvis praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
2.Ord (A.P.) (Petitioner) v. Upton (as trustee of the property of David John Ord (a bankrupt)) (Respondent)—The petition of David John Ord praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.

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3.Commissioners of Customs and Excise (Respondents) v. Gardner (Petitioner)—The petition of Dennis Albert Gardner praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.
4.Goodacre (Petitioner) v. Bates and others (Respondents)—The petition of Brian Vincent Forest Goodacre praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.
5.Houghton (Petitioner) v. Cheshire Carpentry and Construction Limited (Respondents)—The petition of Derek James Houghton praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.
6.Appeal Committee—The 29th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made—

Byrne (Respondent) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondent the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

Byrne (Petitioner) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage 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’ costs be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended until 30th March next to enable the Legal Aid Board to object if they wish.

7.Appeal Committee—The 30th Report from the Appeal Committee was made and ordered to be printed. (HL Paper 40)
8.Appeal Committee—The 31st Report from the Appeal Committee was agreed to and the following Order was made—

Birmingham Midshires Mortgage Services Limited (Respondents) v. Sabherwal and another and another (Petitioner)—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.

9.Appeal Committee—The 32nd Report from the Appeal Committee was agreed to and the following Orders were made—

Turner (Respondent) v. Grovit and others (Petitioners)—That the respondent be invited to lodge objections by 16th March next.

Mallick (Petitioner) v. Liverpool City Council (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.

Islam and another (A.P.) (Petitioners) and another v. Director of Public Prosecutions (Respondent)—That the respondent be invited to lodge objections by 16th March next.

Islam and another and another (A.P.) (Petitioner) v. Director of Public Prosecutions (Respondent)—That the respondent be invited to lodge objections by 16th March next.

Kearney (Respondent) v. Dundon (Petitioner) (2000)—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.

Commissioners of Customs and Excise (Respondents) v. Gardner (Petitioner)—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.

Goodacre (Petitioner) v. Bates and others (Respondents)—That leave to appeal be refused.

Houghton (Petitioner) v. Cheshire Carpentry and Construction Limited (Respondents)—That leave to appeal be refused.

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Papers

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

Nuclear Energy—Exchange of Notes between the United Kingdom, Germany, the Netherlands and the United States concerning the application of non–proliferation assurances to low enriched uranium for retransfer to Taiwan, together with an explanatory memorandum.

(4661)

11.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Electricity Supply Industry (Rateable Values) (England) Order 2000.

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Rules of the Supreme Court (Northern Ireland) (Amendment) 2000, laid under the Judicature (Northern Ireland) Act 1978;
 (—)
2.Rail Vehicle Accessibility (North Western Trains Class 175/0 and Class 175/1 Vehicles) Exemption Order 2000, laid under the Disability Discrimination Act 1995.

(524)

Public Business

13. Learning and Skills Bill [HL] —It was moved by the Lord Bach, on behalf of the Baroness Blackstone, that the amendments for the Report stage be marshalled and considered 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 46
Schedule 5
Clauses 47 to 50
Schedule 6
Clauses 51 to 101
Schedule 7
Clauses 102 to 116
Schedule 8
Clause 117
Schedule 9
Clauses 118 to 119
Schedule 10
Clauses 120 to 122;

the motion was agreed to.

14.Local Government Bill [HL]—The bill was further considered on report; 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 43)
15.Community Legal Service (Scope) Regulations 2000—
16.Community Legal Service (Cost Protection) Regulations 2000—

It was moved by the Lord Bach that the draft Regulations laid before the House on 21st February be approved en bloc; after debate, the motion was agreed to.

17.Funding Code—It was moved by the Lord Bach that the draft Code laid before the House on 28th February be approved; the motion was agreed to.
18.Conditional Fee Agreements Order 2000—It was moved by the Lord Bach that the draft Order laid before the House on 21st February be approved; the motion was agreed to.

The House was adjourned at twenty-one minutes past nine o’clock
till tomorrow, eleven o’clock.