House of Lords Journal 233 (Session 1999-00)


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Page 428

1999-00

Volume 233      

Wednesday 24 May 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.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Berkeley, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackwell, L.
Blaker, L.
Blatch, B.
Blease, L.
Blood, B.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Brennan, L.
Bridgeman, V.
Brightman, L.
Brigstocke, B.
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.
Carnegy of Lour, B.
Carr of Hadley, L.
Carter, L.
Carver, L.
Cavendish of Furness, L.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Chandos, V.
Clark of Kempston, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crickhowell, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Denton of Wakefield, B.
Desai, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Durham, Bp.
Eames, L.
Eccles of Moulton, B.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Temple Guiting, L.
Evans of Watford, L.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fitt, L.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Goldsmith, L.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greaves, L.
Greenway, L.
Grenfell, L.
Hanningfield, L.
Hardy of Wath, 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.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Holderness, L.
Hollis of Heigham, B.
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.
Hylton-Foster, B.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.

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Laird, L.
Lamont of Lerwick, L.
Layard, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McCarthy, L.
McColl of Dulwich, L.
McConnell, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
MacKenzie of Culkein, L.
Mackie of Benshie, L.
McNally, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Mitchell, L.
Molloy, L.
Molyneaux of Killead, L.
Monson, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Owen, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, 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.
Platt of Writtle, B.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
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.
Roll of Ipsden, L.
Roper, L.
Rosslyn, E.
Russell, E.
Ryder of Wensum, L.
Saatchi, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sharp of Guildford, B.
Shepherd, L.
Shore of Stepney, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stern, B.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Taylor of Blackburn, L.
Tenby, V.
Thomas of Gwydir, L.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Vinson, L.
Vivian, L.
Waddington, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whaddon, L.
Whitty, L.
Wilberforce, L.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Winston, L.
Wright of Richmond, L.
Young, B.

PRAYERS were read by the Lord Bishop of Hereford.

1.Lord Mitchell—Parry Andrew Mitchell Esquire, having been created Baron Mitchell, of Hampstead in the London Borough of Camden, for life by Letters Patent dated in the forenoon of 10th May 2000 (see appendix 1), was introduced between the Baroness Jay of Paddington and the Lord Levy, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

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2.Lord Fyfe of Fairfield—George Lennox Fyfe Esquire, having been created Baron Fyfe of Fairfield, of Sauchie in Clackmannanshire, for life by Letters Patent dated in the forenoon of 16th May 2000 (see appendix 2), was introduced between the Lord Graham of Edmonton and the Lord Carter, 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.Regina v. P and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division))—Upon report from the Appellate Committee, it was ordered that section 37 of the Criminal Procedure and Investigations Act 1996 shall apply to this appeal in the same terms as set out in the Order of the Court of Appeal of 16th May 2000.
4.Lubbe (suing as administrator of the estate of Rachel Jacoba Lubbe) and others and another (A.P.) (Appellants) v. Cape plc (Respondents) and 10 other actions—
5.Lubbe and others (Respondents) v. Cape Industries plc (Appellants)—(Consolidated Appeals)—

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 30th May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

6.Hallam and another (Appellants) v. Cheltenham Borough Council and others (Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
7.Appeal Committee—The 49th Report from the Appeal Committee was agreed to and the following Orders were made—

Regina v. Department of Health (Petitioners) ex parte Source Informatics Limited (Respondents) and others—That the petition be referred for hearing.

Regina v. Commissioners of Inland Revenue (Petitioners) ex parte Newfields Developments Limited (Respondents)—That the respondents be invited to lodge objections by 7th June next.

Crane Co. (Petitioners) v. Wittenborg A/S (Respondents)—That leave to appeal be refused.

Hyde Park Residence Limited (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—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.

Rank Enterprises Limited and others (Respondents) v. Gerard (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.

Chailease Finance Corporation (Respondents) v. Credit Agricole Indosuez (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.

Homes and another (Petitioners) v. Smith 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.

Papers

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

Bank of England—Bank of England Annual Report 2000.

(—)

9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Social Security (Claims and Payments) Amendment Regulations 2000—(1366)
(ii)Social Security Revaluation of Earnings Factors Order 2000—(1365)
 laid under the Social Security Administration Act 1992;
2.Horse Racing (Charges on Bookmakers) Order (Northern Ireland) 2000, laid under the Northern Ireland Act 2000;
 (—)
3.Immigration (Transit Visa) (Amendment) Order 2000, laid under the Immigration (Carriers’ Liability) Act 1987;
 (1381)
4. (i)GLA Side Roads (London Borough of Sutton) Designation Order 2000—(1375)
(ii)GLA Side Roads (London Borough of Richmond upon Thames) Designation Order 2000—(1373)

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(iii)GLA Side Roads (London Borough of Waltham Forest) Designation Order 2000—(1377)
(iv)GLA Side Roads (London Borough of Islington) Designation Order 2000 — (1371)
(v)GLA Side Roads (London Borough of Southwark) Designation Order 2000—

(1374)

(vi)GLA Side Roads (London Borough of Redbridge) Designation Order 2000—

(1372)

(vii)GLA Side Roads (London Borough of Tower Hamlets) Designation Order 2000—

(1376)

(viii)GLA Side Roads (City of Westminster) Designation Order 2000—(1379)
(ix)GLA Side Roads (London Borough of Wandsworth) Designation Order 2000—

(1378)

 laid under the Road Traffic Regulation Act 1984;
5.College of Guidance Studies Higher Education Corporation (Dissolution) Order 2000, laid under the Education Reform Act 1988;
 (1383)
6.Burma (Sale, Supply and Export of Goods) (Penalties) Regulations 2000, laid under the European Communities Act 1972.
 (1408)
10.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Fourth Report for Session 1999–2000 of the Parliamentary Commissioner for Administration, laid under the Parliamentary Commissioner Act 1967;
2.Report for 1999 of the British Board of Film Classification, laid under the Video Recordings Act 1984;
3.Accounts for August 1998 to July 1999 of the General Chiropractic Council, laid under the Chiropractors Act 1994;
4.Report for 1999 of the Office of Gas and Electricity Markets, laid under the Gas Act 1986.

Select Committee Report

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

17th Report, on the following bills:

 Postal Services Bill;
 Utilities Bill;
 Horserace Totalisator Board Bill [HL];
  Street Works Bill [HL] . (HL Paper 72)

Public Business

12.Stock exchanges (Short debate)—It was moved by the Lord Lamont of Lerwick that there be laid before the House papers relating to the merging of the London and Frankfurt stock exchanges, and the consequences for companies and investors, including pension funds, if shares have to be denominated in euros; after debate, the motion was (by leave of the House) withdrawn.
13.Civil service (Short debate)—It was moved by the Lord Campbell of Croy that there be laid before the House papers relating to the continuing need for a professional civil service and the role of special advisers and information officers; after debate, the motion was (by leave of the House) withdrawn.
14.Suspension of Hospital Medical Practitioners Bill [HL]—The House resolved itself into a Committee upon the bill; amendments were agreed to; the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 76)
15.Scotland Act 1998 (Modification of Functions) Order 2000—It was moved by the Baroness Ramsay of Cartvale that the draft Order laid before the House on 8th May be approved; after debate, the motion was agreed to.
16.Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2000—It was moved by the Baroness Ramsay of Cartvale that the draft Order laid before the House on 8th May be approved; the motion was agreed to.
17.Development Commission (Dissolution) Order 2000—It was moved by the Lord Whitty that the draft Order laid before the House on 12th April be approved; the motion was agreed to.

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18.Greater London Authority (Miscellaneous Amendments) Order 2000—It was moved by the Lord Whitty that the draft Order laid before the House on 19th April be approved; the motion was agreed to.

The House was adjourned at nine minutes past nine o’clock
till tomorrow, eleven 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 Parry Andrew Mitchell Esquire to the state degree style dignity title and honour of Baron Mitchell of Hampstead in Our London Borough of Camden

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 Mitchell 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 forenoon of the tenth day of May in the forty-ninth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


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 George Lennox Fyfe Esquire to the state degree style dignity title and honour of Baron Fyfe of Fairfield of Sauchie in Clackmannanshire

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 Fyfe of Fairfield 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 forenoon of the sixteenth day of May in the forty-ninth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL