House of Lords Journal 233 (Session 1999-00)


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Monday 17 April 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.
Acton, L.
Addington, L.
Ahmed, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alli, L.
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.
Barnett, L.
Beaumont of Whitley, L.
Biffen, L.
Blackwell, L.
Blatch, B.
Blease, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, 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.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carter, L.
Castle of Blackburn, B.
Chalfont, L.
Chalker of Wallasey, B.
Christopher, L.
Clark of Kempston, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dormand of Easington, L.
Dubs, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Emerton, B.
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.
Gladwin of Clee, 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.
Gregson, L.
Hanham, B.
Hanningfiel d, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
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 Tanworth, L.
Hunt of Wirral, L.
Hussey of North Bradley, L.
Hylton-Foster, B.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Judd, L.
Kennedy of The Shaws, B.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.

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Lamont of Lerwick, L.
Lea of Crondall, L.
Levene of Port Soken, L.
Lincoln, Bp.
Lipsey, L.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Luke, L.
Lyell, L.
McConnell, L.
Macdonald of Tradeston, 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.
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 Hendon, B.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Norfolk, D.
Northbrook, L.
Northesk, E.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parry, L.
Patel, L.
Patel of Blackburn, L.
Pearson of Rannoch, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Prashar, B.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rochester, Bp.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Serota, B.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Stallard, L.
Stern, B.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strange, B.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Vinson, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Doncaster, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Whitaker, B.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Dartington, L.

PRAYERS were read by the Lord Bishop of Rochester.

1.Lord Acton (Lord Acton of Bridgnorth)—Richard Gerald Lord Acton, having been created Baron Acton of Bridgnorth, of Aldenham in the County of Shropshire, for life by Letters Patent dated in the forenoon of 17th April 2000 (see appendix), took and subscribed the oath pursuant to statute.

Judicial Business

2.Margulies (Petitioner) v. Margulies and others (Respondents)—The petition of Stephen David Margulies praying for leave to appeal was presented and referred to an Appeal Committee.
3.Molins plc (Respondents) v. G D SpA (Petitioners)—The petition of G D SpA praying for leave to appeal was presented and referred to an Appeal Committee.
4.Regina v. Forbes (Petitioner)—The petition of Giles Javen Forbes praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.

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5.Appeal Committee—The following Order was made pursuant to the 32nd Report:

Turner (Respondent) v. Grovit and others (Petitioners)—That leave to appeal be given on the terms set out in sub-paragraphs 2, 3, 4 and 5 (ii) of paragraph 13 of the respondent’s objections; and that the petition of appeal be lodged by 2nd May next.

6.Appeal Committee—The 41st Report from the Appeal Committee was agreed to and the following Orders were made—

Bourns Inc (Respondent) v. Raychem Corporation and another (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.

Hirst (Petitioner) v. Etherington (Respondent) and another—That the respondent be invited to lodge objections by 2nd May next.

In re Registered Trade Marks Numbers 1,110,133; 1,213,807; 1,377,082; 1,377,083; 1,377,084; 1,377,085; 1,461,972; and 1,461,973 in the name of Bach Flower Remedies Limited (Petitioners) and in re an application by Healing Herbs Limited (Respondents) for a declaration of invalidity in respect thereof—That the petition be referred for hearing.

Starling (Petitioner) v. Lloyds Bank TSB plc (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.

MBM Fabri-Clad Limited (Respondents) v. Eisen-Und Hu­ttenwerke Thale AG (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.

Ropaigealach (A.P.) (Petitioner) v. Barclays Bank plc (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 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.

Arab Bank plc (Respondents) v. John D Wood Commercial Limited and others and another (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.

Slater (Respondent) v. Bancroft (Petitioner)—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.

7.Appeal Committee—The 42nd Report from the Appeal Committee was agreed to and the following Orders were made—

In re W (a minor) (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.

Regina v. Commissioners of Inland Revenue (Respondents) ex parte Tamosius & Partners (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.

In re A (A.P.) (Petitioner) (by his mother and litigation friend)—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.

Papers

8.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2000, laid under the Medicines Act 1968;
 (1070)
2.Local Authorities (Goods and Services) (Public Bodies) (No. 2) Order 2000, laid under the Local Authorities (Goods and Services) Act 1970;
 (1027)
3. (i)Transport for London (Preliminary Arrangements) Order 2000—(1045)

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(ii)Greater London Authority (Limitation of Salaries) Order 2000—(1032)
 laid under the Greater London Authority Act 1999;
4.Local Authorities (Capital Finance, Approved Investments and Contracts) (Amendment) Regulations 2000, laid under the Local Government and Housing Act 1989;
 (1033)
5.General Osteopathic Council (Restoration to the Register of Conditionally Registered Osteopaths) Rules Order of Council 2000, laid under the Osteopaths Act 1993.
 (1037)

Select Committee Report

9.Science and Technology—It was ordered that the evidence taken by Sub-Committee I (Complementary and Alternative Medicine) be printed as follows:

(a) 1st February (HL Paper 48-ii);

(b) 8th February (HL Paper 48-iii);

(c) 15th February (HL Paper 48-iv).

Public Business

10.Child Support, Pensions and Social Security Bill—It was moved by the Baroness Hollis of Heigham 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.
11.Defence Evaluation Research Agency—The Lord Hogg of Cumbernauld asked Her Majesty’s Government what are their long term objectives for the Defence Evaluation Research Agency as part of the development of the United Kingdom’s knowledge-based economy; after debate, the question was answered by the Baroness Symons of Vernham Dean.

The House was adjourned at eight 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 Richard Gerald Baron Acton to the state degree style dignity title and honour of Baron Acton of Bridgnorth of Aldenham in Our County of Shropshire

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 Acton of Bridgnorth 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 at the forenoon on the seventeenth day of April in the forty-eighth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL