House of Lords Journal 233 (Session 1999-00)


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Wednesday 3 May 2000

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:


Aberdare, L.
Ackner, L.
Acton, L.
Addington, L.
Ahmed, L.
Alton of Liverpool, L.
Ampthill, L.
Anelay of St Johns, B.
Arran, E.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Bagri, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barber, L.
Barker, B.
Beaumont of Whitley, L.
Belstead, L.
Berkeley, L.
Biffen, L.
Blackstone, B.
Blackwell, L.
Blatch, B.
Blease, L.
Blood, B.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradford, Bp.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brennan, L.
Bridgeman, V.
Brookeboroug h, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carlisle, Bp.
Carlisle of Bucklow, L.
Carnarvon, E.
Carnegy of Lour, B.
Cavendish of Furness, L.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Clark of Kempston, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cohen of Pimlico, B.

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Colwyn, L.
Cooke of Thorndon, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eccles of Moulton, B.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gilbert, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goschen, V.
Goudie, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Habgood, L.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Peckham, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Henley, L.
Hereford, Bp.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, 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.
Hylton-Foster, B.
Islwyn, L.
Janner of Braunstone, L.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kimball, L.
Kingsland, L.
Laird, L.
Lang of Monkton, L.
Lea of Crondall, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Lucas, L.
Luke, L.
Lyell, L.
McCarthy, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
Maddock, B.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Moore of Wolvercote, 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.
Nicholls of Birkenhead, L.
Nicholson of Winterbourne, B.
Nicol, B.
Northbourne, L.
Northbrook, L.
Northfield, L.
Norton of Louth, L.
O’Cathain, B.
Oppenheim-Barnes, B.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Porter of Luddenham, L.
Portsmouth, Bp.
Prior, L.
Puttnam, L.
Pym, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Renfrew of Kaimsthorn, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rotherwick, L.
Russell, E.
Ryder of Warsaw, B.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selsdon, L.
Serota, B.
Sharples, B.
Shepherd, L.

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Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Slim, V.
Southwark, Bp.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
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 Gwydir, L.
Thomson of Monifieth, L.
Tomlinson, L.
Tordoff, L.
Trefgarne, L.
Turner of Camden, B.
Vivian, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whaddon, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Willoughby de Broke, L.
Winston, L.
Woolmer of Leeds, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Bradford.

1.Lord Brennan—Daniel Joseph Brennan Esquire, QC, having been created Baron Brennan, of Bibury in the County of Gloucestershire, for life by Letters Patent dated in the afternoon of 2nd May 2000 (see appendix 1), was introduced between the Lord Williams of Mostyn and the Baroness Scotland of Asthal, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
2.Baroness Cohen of Pimlico—Janet Cohen, having been created Baroness Cohen of Pimlico, of Pimlico in the City of Westminster, for life by Letters Patent dated in the forenoon of 3rd May 2000 (see appendix 2), was introduced between the Lord Paul and the Baroness Goudie, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

3.Khodaparast (Respondent) v. Shad (Petitioner)—The petition of Mohamed Reza Farokh Shad praying for leave to appeal was presented and referred to an Appeal Committee (lodged 22nd December 1999).
4.Donohue (Respondent) v. Armco Inc and others (Petitioners)—The petition of Armco Inc, Armco Financial Services Corporation, Armco Financial Services International Limited, Armco Pacific Limited and Northwestern National Insurance Company praying for leave to appeal was presented and referred to an Appeal Committee (lodged 7th April).
5.Regina v. Kular (Petitioner)—The petition of Mohan Singh Kular praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 28th April).
6.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 14th June next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
7.Appeal Committee—The following Order was made pursuant to the 39th Report:


Hallam and another (Petitioners) v. Cheltenham Borough Council and others (Respondents)—That leave to appeal be given, and that the petition of appeal be lodged by 17th May next.

Papers

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

Science and Technology—Government Response to the 3rd Report of the House of Commons Science and Technology Committee on Diabetes and Driving.

(4723)

9.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Companies Act 1985 (Audit Exemption) (Amendment) Regulations 2000;
2.Draft Part–time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

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10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Conditional Access (Unauthorised Decoders) Regulations 2000, laid under the European Communities Act 1972;
 (1175)
2. (i)Football Spectators (Corresponding Offences in the Netherlands) Order 2000—(1109)
(ii)Football Spectators (Corresponding Offences in Belgium) Order 2000—(1108)
 laid under the Football Spectators Act 1989;
3.Patents (Convention Countries) (Amendment) Order 2000, laid under the Patents Act 1977;
 (1114)
4.Scotland Act 1998 (Cross–Border Public Authorities) (British Wool Marketing Board) Order 2000, laid under the Scotland Act 1998.
 (1113)
11.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Accounts for 1998–99 relating to issues from the National Loans Fund, together with the Report of the Comptroller and Auditor General, laid under various Acts.

Select Committee Report

12.Delegated Powers and Deregulation—The following Report from the Select Committee was made and ordered to be printed:

14th Report, on the Freedom of Information Bill. (HL Paper 60)

Public Business

13.Essential local services—It was moved by the Lord Rodgers of Quarry Bank that there be laid before the House papers relating to the provision of essential services to communities in particular need, including banking, post office facilities, transport and health; the House was adjourned during pleasure; the House was resumed; after debate, the motion was (by leave of the House) withdrawn.
14.Statutory Nuisances (Hedgerows in Residential Areas) Bill [HL]—The House resolved itself into a Committee upon the bill; an amendment was agreed to; the House was resumed and the bill was reported with an amendment; it was ordered that the bill be printed as amended. (HL Bill 59)
15.Environmentally friendly fuels for vehicles—The Lord Dubs asked Her Majesty’s Government what steps they are taking to encourage the use of vehicles powered by environmentally friendly fuels; after debate, the question was answered by the Lord Whitty.

The House was adjourned at eighteen minutes before ten o’clock
till tomorrow, three o’clock.


APPENDIX 1

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 trusty and well beloved Daniel Joseph Brennan Esquire one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baron Brennan of Bibury in Our County of Gloucestershire

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 Brennan 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 in the afternoon of the second day of May in the forty-ninth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL

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APPENDIX 2

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 trusty and well beloved Janet Cohen to the state degree style dignity title and honour of Baroness Cohen of Pimlico in Our City of Westminster

And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness Cohen of Pimlico to have and to hold unto her for her life

Willing and by these Presents granting for Us Our heirs and successors that she 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 she 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 in the forenoon of the third day of May in the forty-ninth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL