House of Lords Journal 233 (Session 1999-00)

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Page 504


Volume 233      

Monday 26 June 2000

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

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Ahmed, L.
Alexander of Weedon, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baldwin of Bewdley, E.
Barker, B.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bellwin, L.
Berkeley, L.
Biffen, L.
Birt, L.
Blaker, L.
Blatch, B.
Blease, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Bridgeman, V.
Bridges, L.
Brittan of Spennithorne, L.
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.
Butterworth , L.
Buxton of Alsa, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carnarvon, E.
Carnegy of Lour, B.
Carter, L.
Chadlington, L.
Chalfont, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Cohen of Pimlico, B.
Colwyn, L.
Constantine of Stanmore, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crickhowell, L.
Cuckney, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thorntonle-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eames, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elis-Thomas, L.
Elliott of Morpeth, L.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Flowers, L.
Fookes, B.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Gray of Contin, L.
Greaves, L.
Greenway, L.
Gregson, L.
Grenfell, L.
Hamwee, B.
Hanham, B.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Holme of Cheltenham, L.
Home, E.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Tanworth, 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.
Jauncey of Tullichettle, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.

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Jenkins of Putney, L.
Jopling, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Levy, L.
Lindsay, E.
Lipsey, L.
Liverpool, E.
Lockwood, B.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McCarthy, L.
McColl of Dulwich, L.
McConnell, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McNally, L.
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.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moran, 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.
Northbrook, L.
Northesk, E.
Northover, B.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Owen, L.
Oxfuird, V.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Prashar, B.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roper, L.
Rosslyn, E.
Russell, E.
Ryder of Wensum, L.
St. John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stevenson of Coddenham, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turnberg, L.
Uddin, B.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walpole, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Watson of Richmond, L.
Waverley, V.
Weatherill, 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.
Wright of Richmond, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Southwark.

1.Leave of Absence—Leave of absence was granted to the Lord Chancellor for Tuesday 27th and Friday 30th June.

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Judicial Business

2.Regina v. Z (Respondent) (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 3rd December 1999.
3.Nabadda and another and another (A.P.) (Petitioner) and another v. City of Westminster and others (Respondents)—The petition of Susanna Annika Terho praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
4.Cartonneries de Thulin SA (a Belgian body corporate) (Petitioners) v. CTP White Knight Limited (formerly White Knight Products Limited) (Respondents)—The petition of Cartonneries de Thulin SA praying for leave to appeal was presented and referred to an Appeal Committee.
5.Sidhu (Petitioner) v. Aerospace Composite Technology Limited (Respondents)—The petition of Harbhajan Singh Sidhu praying for leave to appeal was presented and referred to an Appeal Committee.
6.Regina v. International Society of Professional Aromatherapists (Respondents) ex parte Casini (Petitioner)—The petition of Silvana Mary Casini praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
7.Regina v. Sheffield City Council (Respondents) ex parte Low (Petitioner)—The petition of Thomas Low praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
8.Killick and another and others (Respondents) v. Rendall (sued on his own behalf and on behalf of those Lloyds Syndicates listed in the schedule to the writ of summons) (Petitioner)—The petition of William Rendall praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
9.Kuddus (A.P.) (Appellant) v. Chief Constable of Leicestershire Constabulary (Respondent)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 9th August next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.


10.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Works of Art—Minute of 22nd June concerning the indemnification of Works of Art lent to the British Council for exhibitions to be held overseas in the second half of 2000–2001;
2.Global Cultural Diversity Congress—Review by Mr Gurbux Singh of events leading up to the cancellation of the Global Diversity Congress, including possible implications for corporate governance of the Commission for Racial Equality;
3.Air Services—
(i)Protocol relating to an Amendment to the Convention on International Civil Aviation (Chicago) 1944;(4743)
(ii)Agreement between the United Kingdom and Mongolia concerning Air Services;(4742)
4.Medicine—Report on the public consultation on proposals to amend the Medical Act 1983.
11.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Code of Practice on Industrial Action Ballots and Notice to Employers;
2.Draft Medical Act 1983 (Amendment) Order 2000.
12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Patents (Convention Countries) (Amendment) (No. 2) Order 2000, laid under the Patents Act 1977;
2.Statute made by the University of Oxford on 8th March, laid under the Universities of Oxford and Cambridge Act 1923;
3.Air Navigation Order 2000, laid under the Civil Aviation Act 1982;
4.Housing (Right to Acquire) (Discount) Order 2000, laid under the Housing Act 1996.


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13.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Review for 2000 of the Broadcasting Standards Commission: Maintaining Values in Changing Times, laid under the Broadcasting Act 1996.

Select Committee Reports

14.Science and Technology—It was ordered that the evidence taken by Sub-Committee I (Complementary and Alternative Medicine) on 2nd May be printed. (HL Paper 48–x)
15.Liaison—The Third Report from the Select Committee was made (see appendix); it was ordered that the Report be printed. (HL Paper 81)

Public Business

16.Countryside and Rights of Way Bill—It was moved by the Lord Whitty 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.

The House was adjourned at sixteen minutes past eleven o’clock
till tomorrow, half-past two o’clock.



Third Report
Session 1999–2000

Monday 26 June 2000

By the Select Committee appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of Lords to serve on committees.

Ordered to Report

Review of the committee activity of the House

1. The Committee has concluded its review of the committee work of the House. The following initial conclusions were recorded in the Committee’s Second Report (HL Paper 62, 8 May 2000);

(1) The Jellicoe Report recommended that ad hoc committees should become a regular part of the committee structure. We reaffirm that recommendation.

(2) We have noted the Government’s proposal to establish, before the Human Rights Act 1998 comes into force in October this year, a Joint Committee on Human Rights. This will be an additional sessional committee.

(3) We recommend the appointment of a Constitutional Committee along the lines recommended by the Royal Commission on Reform of the House of Lords (Cm 4534, paragraph 5.22).

A Constitutional Committee

2. Further to our recommendation for the appointment of a Constitutional Committee, we recommend that that Committee should be appointed at the start of the next session. Its terms of reference should be:

“To examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution.”

3. The staff needs of the Committee beyond a clerk will depend on how it chooses to work. We recommend that initially the Committee should seek any specialist support which it needs from specialist advisers.

An Economic Committee

4. We recommend the appointment of a sessional Economic Committee after the present ad hoc Committee on the Monetary Policy Committee of the Bank of England has concluded its inquiry.

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An International Affairs Committee

5. We have given further consideration to the proposal that an International Affairs Committee should be appointed. Such a Committee would largely overlap with the work of the House of Commons Foreign Affairs Committee. We consider that there may be international affairs subjects which would be suitable for consideration by ad hoc committees — and we would welcome specific proposals — but we do not recommend the appointment of a sessional International Affairs Committee.

A committee to scrutinise treaties

6. The Royal Commission on Reform of the House of Lords recommended as follows: “The Liaison Committee should consider the establishment of a Select Committee to scrutinise international treaties into which the Government proposed to enter” (Cm 4534, Recommendation 56). In February 2000 the House of Commons Procedure Committee began an inquiry into “Parliamentary Scrutiny of Treaties and the Ponsonby Rule”. We propose to await the report of the House of Commons Procedure Committee before making a recommendation on this matter.

An ad hoc committee on animal experimentation

7. We have considered a proposal for an ad hoc select committee on the use of animals in scientific experiments. We believe that this is an appropriate subject for an inquiry by an ad hoc committee and we recommend the appointment of such a committee in the autumn.

Resources for committee work

8. The effect of our recommendations will be to create three new sessional committees — a Constitutional Committee and an Economic Committee in addition to the Joint Committee on Human Rights. Recommendations in the Report of the Royal Commission on Reform of the House of Lords may lead to further expansion. There is also to be an ad hoc Joint Committee on House of Lords reform, and there may be further ad hoc committees to conduct pre-legislative scrutiny of draft bills.

9. We have recommended a significant expansion of committee activity because we believe that the House wishes it, and that there is a sufficient reservoir of members willing to serve. It will be necessary to recruit additional staff to support the new committees, and to provide office accommodation for them. We have made our recommendations on the assumption that the House will be prepared to provide these resources.