House of Lords Journal 233 (Session 1999-00)


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Page 617

1999-00

Volume 233      

Thursday 20 July 2000

The House met at ten o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Alexander of Weedon, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Bach, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belstead, L.
Biffen, L.
Billingham, B.
Bingham of Cornhill, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blood, B.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradford, Bp.
Bradshaw, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burns, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Carver, L.
Chadlington, L.
Chalfont, L.
Clark of Kempston, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Cohen of Pimlico, B.
Colwyn, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, 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.
Derby, Bp.
Desai, L.
Dholakia, L.
Diamond, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Eames, L.
Eatwell, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
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.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Geddes, L.
Geraint, L.
Gibson, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Glentoran, L.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Hayhoe, L.
Healey, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hobhouse of Woodborough, L.
Hodgson of Astley Abbotts, L.
Hoffmann, L.
Holderness, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
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 Wirral, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hutton, L.
Hylton-Foster, B.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.

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Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Joffe, L.
Judd, L.
Kennedy of The Shaws, B.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Laird, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Lucas, L.
Ludford, B.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McConnell, L.
Macdonald of Tradeston, L.
McFarlane of Llandaff, B.
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.
Mayhew of Twysden, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Millett, L.
Mishcon, L.
Mitchell, L.
Molloy, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Morgan, 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.
Nicholson of Winterbourne, B.
Nicol, B.
Noakes, B.
Norfolk, D.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
Onslow, E.
Onslow of Woking, L.
Oppenheim-Barnes, B.
Orme, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Phillips of Sudbury, L.
Pike, B.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Roper, L.
Rotherwick, L.
Russell, E.
Russell-Johnston, L.
Sainsbury of Preston Candover, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Shore of Stepney, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stern, B.
Stewartby, L.
Steyn, 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 Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Trefgarne, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
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.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Mostyn, L.
Williamson of Horton, L.
Winston, L.
Woolmer of Leeds, L.
Young, B.

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PRAYERS were read by the Lord Bishop of Derby.

Judicial Business

1.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—
2.Lubbe and others (Respondents) v. Cape Industries plc (Appellants)—

(Consolidated Appeals)—

The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 30th July 1998 be affirmed and that the appeal of Cape Industries plc be dismissed with costs, the amount thereof to include provision for three counsel and to be certified by the Clerk of the Parliaments if not agreed between the parties; that the appeals of the Lubbe claimants be allowed; that the Order of the Court of Appeal of 29th November 1999 and the Order of Mr Justice Buckley of 30th July 1999 be set aside; that the respondents do pay to the appellants their costs before Mr Justice Buckley, in the Court of Appeal and before this House, the amount of such last mentioned costs to include provision for three counsel and to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of Hendrik Afrika in this House be taxed in accordance with the Legal Aid Act 1988.

3.United Wire Limited (Respondents) v. Screen Repair Services (Scotland) Limited and another (Appellants) and others—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 27th July 1999 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
4.Equitable Life Assurance Society (Appellants) v. Hyman (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 21st January last be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
5.Arthur J S Hall & Co (Appellants) v. Simons (A.P.) (Respondent)—
6.Barratt (A.P.) (Respondent) v. Ansell and others (trading as Woolf Seddon (a firm)) (Appellants)—
7.Harris (A.P.) (Respondent) v. Scholfield Roberts & Hill (a firm) (Appellants) and others—

(Conjoined Appeals)—

The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Orders of the Court of Appeal of 14th December 1998 be affirmed and the appeals dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the respondents in this House be taxed in accordance with the Legal Aid Act 1988.

8.Holland (Appellant) v. Lampen-Wolfe (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 30th July 1998 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
9.Regina v. Secretary of State for the Home Department (Respondent) ex parte Daly (A.P.) (Appellant) (England)—The appeal of George Daly was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 31st August next.
10.Regina v. Pendleton (Petitioner)—The petition of Donald Pendleton praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 19th July).
11.Highland and Universal Properties Limited (Respondents) v. Safeway Properties Limited (Appellants) (Scotland)—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 5th September next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
12.Appeal Committee—The 64th Report from the Appeal Committee was agreed to and the following Orders were made—

Chief Constable of West Yorkshire Police (Petitioner) v. Khan (Respondent)—That the respondent be invited to lodge objections by 3rd August next.

Herbert and others (Respondents) v. British Railways Board and others (Petitioners)—That the respondents be invited to lodge objections by 3rd August next.

Regina v. Falmouth and Truro Port Health Authority (Petitioners) ex parte South West Water Services Limited (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

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granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Kapur (Petitioner) v. J W Francis & Co (Respondents) and another—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.

Regina v. Tibbs (Petitioner)—That leave to appeal be refused.

Butt (a child by her litigation friend and father Shaheen Butt) (A.P.) (Petitioner) v. Secretary of State for Social Security (Respondent)—That the respondent be invited to lodge objections by 3rd August next.

Secretary of State for the Home Department (Respondent) v. Rehman (A.P.) (Petitioner)—That the respondent be invited to lodge objections by 3rd August next.

The House was adjourned during pleasure.
The House was resumed.

Papers

13.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Human Rights—Report for 2000 on Human Rights;
 (4774)
2.Transport—Agreement between the United Kingdom and Morocco on the International Carriage of Goods by Road with Administrative Memorandum;
 (4801)
3.Pollution—Government Response to the 21st Report of the Royal Commission on Environmental Pollution: Setting Environmental Standards.
 (4794)
14.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Water and Sewerage Undertakers (Inset Appointments) Regulations 2000, laid under the Water Industry Act 1991;
 (1842)
2.M621 Motorway (Speed Limit) Regulations 2000, laid under the Road Traffic Regulation Act 1984;
 (1811)
3. (i)European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2000—(1960)
(ii)Pipe–line Works (Environmental Impact Assessment) Regulations 2000—(1928)
(iii)Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000—(1927)
(iv)Gas (Third Party Access and Accounts) Regulations 2000—(1937)
 laid under the European Communities Act 1972.
15.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. (i)Report and Accounts for 1999–2000 of Highlands and Islands Enterprise—
(ii)Accounts for 1999–2000 of Highlands and Islands Enterprise Network, together with the Report of the Comptroller and Auditor General—
 laid under the Enterprise and New Towns (Scotland) Act 1990;
2.Report for 1999 of the Registrar General for Scotland, laid under the Registration of Births, Deaths and Marriages (Scotland) Act 1965;
3.Report and Accounts for 1999–2000 of the Northern Ireland Prison Service, laid under the Prison Act (Northern Ireland) 1953;
4.Review for 1999–2000 of the Housing Corporation, laid under the Housing Associations Act 1985;
5.Accounts for 1999–2000 of—
(i)Sportscotland National Lottery Fund;
(ii)The Heritage Lottery Fund: National Heritage Memorial Fund;
 together with the Reports of the Comptroller and Auditor General, laid under the National Lottery Etc. Act 1993;
6.Account for 1999—2000 of the Human Fertilisation and Embryology Authority, together with the Report of the Comptroller and Auditor General, laid under the Human Fertilisation and Embryology Act 1990;
7.Accounts for 1999–2000 of the National Radiological Protection Board, together with the Report of the Comptroller and Auditor General, laid under the Radiological Protection Act 1970;

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8. (i)Accounts for 1999–2000, together with the Report of the Comptroller and Auditor General—
(ii)Report for 1999–2000—
 of the Council of the Central Laboratory of the Research Councils, laid under the Science and Technology Act 1965;
9.Report and Accounts for 1999–2000 of the—
(i)Medicines Control Agency;
(ii)Driving Standards Agency;
(iii)HM Land Registry;
(iv)Royal Mint;
(v)Fire Service College;
 together with the Reports of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
10.Accounts for 1999–2000 of the Gilt–edged Official Operations of the National Debt Commissioners, together with the Report of the Comptroller and Auditor General, laid under the Finance Act 1993;
11.Report and Accounts for 1999–2000 of the—
(i)Insolvency Service;
(ii)Radiocommunications Agency;
(iii)United Kingdom Passport Agency;
(iv)British Forces Post Office;
(v)Pay and Personnel Agency;
(vi)Duke of York’s Royal Military School;
(vii)Armed Forces Personnel Administration Agency;
(viii)Medical Devices Agency;
(ix)Maritime and Coastguards Agency;
(x)Valuation Office;
(xi)Central Science Laboratory;
(xii)Central Computer and Telecommunications Agency;
 together with the Reports of the Comptroller and Auditor General laid under the Exchequer and Audit Departments Act 1921;
12.Report for 2000 of the Sentence Review Commissioners, laid under the Northern Ireland (Sentences) Act 1998;
13.Account for 1999–2000 of the English National Board for Nursing, Midwifery and Health Visiting, together with the Report of the Comptroller and Auditor General, laid under the Nurses, Midwives and Health Visitors Act 1997;
14.Reports for 1999–2000 of the Medicines Act Advisory Bodies, laid under the Medicines Act 1968;
15.Report for 1999–2000 of the Serious Fraud Office, laid under the Criminal Justice Act 1987;
16.Report for 1999 of the Chairman of the Crown Agents Holding and Realisation Board, laid under the Crown Agents Act 1979;
17.Accounts for 1999–2000 of the Duchy of Lancaster, laid under the Duchies of Cornwall and Lancaster Act 1838.

Public Business

16.Finance Bill—A bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance was brought from the Commons, read a first time and ordered to be printed. (HL Bill 106)
17.Carers and Disabled Children Bill—The bill was read a third time and passed.
18.Football (Disorder) Bill—It was moved by the Lord Bassam of Brighton 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.
19.Royal Assent—The Lord Speaker (Baroness Turner of Camden) notified the Queen’s Assent to the following Acts:
Appropriation Actc. 9
Crown Prosecution Service Inspectorate Actc. 10
Terrorism Actc. 11

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Limited Liability Partnerships Actc. 12
Royal Parks (Trading) Actc. 13
Care Standards Actc. 14
Television Licences (Disclosure of Information) Actc. 15
Carers and Disabled Children Actc. 16
London Local Authorities Actc. vii
20.Manufacturing industry—The Lord Ezra asked Her Majesty’s Government what is their strategy for manufacturing industry; after debate, the question was answered by the Lord Sainsbury of Turville.

The House was adjourned at six minutes before eleven o’clock
to Monday next, half-past two o’clock.