House of Lords Journal 233 (Session 1999-00)


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Thursday 2 November 2000

The House met at 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.
Alderdice, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belstead, L.
Berkeley, L.
Bernstein of Craigweil, L.
Billingham, B.
Bingham of Cornhill, L.
Birt, L.
Blease, L.
Blood, B.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
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.
Butler of Brockwell, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnegy of Lour, B.
Carter, L.
Carver, L.
Chandos, V.
Clark of Kempston, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Clyde, L.
Cocks of Hartcliffe, L.
Cohen of Pimlico, B.
Colwyn, L.
Cooke of Islandreagh, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Croham, L.
Cuckney, L.
Cumberlege, B.
Currie of Marylebone, L.
Darcy de Knayth, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Denham, L.
Desai, L.
Dholakia, L.
Diamond, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Dubs, L.
Dundee, E.
Eames, L.
Eatwell, L.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falconer of Thoroton, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fitt, L.
Flather, B.
Forsyth of Drumlean, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gibson, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, 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.
Hayman, B.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hoffmann, L.
Hooper, B.
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 Wirral, L.
Hurd of Westwell, L.
Hutton, L.
Hylton, L.

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Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
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.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Mowbray and Stourton, L.
Murton of Lindisfarne, L.
Naseby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Neill of Bengarve, B.
Orme, L.
Owen, L.
Oxburgh, L.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Platt of Writtle, B.
Prior, L.
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-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Roper, L.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Serota, B.
Sharp of Guildford, B.
Shepherd, L.
Shore of Stepney, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Stallard, L.
Steel of Aikwood, L.
Steyn, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Tenby, V.
Thomas of Gwydir, 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.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.

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PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1.Turkington and others (practising as McCartan Turkington Breen) (Respondents) v. Times Newspapers Limited (Appellants) (Northern Ireland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal in Northern Ireland of 23rd October 1998 and the Order of Mr Justice Girvan of 11th October 1996 be set aside; that the cause be remitted to the Queen’s Bench Division of Her Majesty’s High Court of Justice in Northern Ireland for further directions and hearing in the light of the Opinions expressed in this House; that the respondents do pay to the appellants their costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the first trial before Mr Justice Girvan should abide the retrial, unless otherwise ordered by the Queen’s Bench Division of Her Majesty’s High Court of Justice in Northern Ireland.
2.Regina v. Secretary of State for Trade and Industry (Respondent) ex parte Eastaway (Appellant)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal be dismissed as inadmissible; and that there be no order as to costs.
3.Miah and others (Respondents) v. Khan (A.P.) (Appellant) and one other action—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 3rd December 1997 be set aside and that the Orders of Judge Rich QC of 20th September 1996, 11th November 1996 and 6th May 1997 be restored; that the respondents do pay to the appellant his costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.
4.Appeal Committee—The following Order was made pursuant to the 67th Report:

Regina v. Forbes (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 16th November next.

5.Appeal Committee—The 77th Report from the Appeal Committee was agreed to and the following Orders were made—

Derry (Petitioner) v. Ministry of Defence (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.

In re Kumar (Petitioner) (application for a writ of Habeas Corpus)—That the petition be referred for hearing.

Mohamed (Respondent) v. London Borough of Hammersmith and Fulham (Petitioners)—That the respondent be invited to lodge objections by 16th November next.

Regina v. Broadcasting Standards Commission (Respondents) ex parte British Broadcasting Corporation (Petitioners)—That the respondents be invited to lodge objections by 16th November next.

Regina v. Sussex Police Authority (Petitioners) ex parte Stewart (Respondent)—That leave to appeal be refused.

Cartonneries de Thulin SA (a Belgian body corporate) (Petitioners) v. CTP White Knight Limited (formerly White Knight Products Limited) (Respondents)—That the respondents be invited to lodge objections by 16th November next.

Sidhu (Petitioner) v. Aerospace Composite Technology Limited (Respondents)—That the petition be referred for hearing.

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

Papers

6.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Competition Commission—Report on the merger situation between Sylvan International and Locker Group plc;
 (4883)
2.Security—Report for 1999–2000 of the Intelligence and Security Committee.
 (4897)
7.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000;

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2.Draft Scotland Act 1998 (Cross–Border Public Authorities) (Adaptation of Functions etc.) (No. 2) Order 2000.
8.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Museums and Galleries Act 1992 (Amendment) Order 2000, laid under the Museums and Galleries Act 1992;
 (2955)
2.Education (Fees and Awards) (Amendment No. 2) (England) Regulations 2000, laid under the Education (Fees and Awards) Act 1983.
 (2945)
9.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Road Traffic Reduction Reports for 2000 for—
(i)Bedfordshire;
(ii)Cambridgeshire County Council;
(iii)Essex County Council;
(iv)Hertfordshire County Council;
(v)Luton and Dunstable;
(vi)Norfolk County Council;
(vii)Peterborough;
(viii)Southend-on-Sea;
(ix)Suffolk County Council;
(x)Thurrock;
(xi)Derby City and Shire;
(xii)Derbyshire;
(xiii)Central Leicestershire;
(xiv)Leicestershire;
(xv)Lincolnshire County Council;
(xvi)Northamptonshire County Council;
(xvii)Nottingham City and Shire;
(xviii)North Nottinghamshire;
(xix)Rutland County Council;
(xx)Darlington;
(xxi)Durham County Council;
(xxii)Hartlepool Borough Council;
(xxiii)Middlesborough;
(xxiv)Northumberland County Council;
(xxv)Redcar and Cleveland;
(xxvi)Stockton-on-Tees Borough Council;
(xxvii)Tyne and Wear;
(xxviii)Blackburn with Darwen Borough Council;
(xxix)Blackpool Borough Council;
(xxx)Cheshire County Council;
(xxxi)Cumbria County Council;
(xxxii)Greater Manchester;
(xxxiii)Halton Borough Council;
(xxxiv)Lancashire County Council;
(xxxv)Merseyside;
(xxxvi)Warrington;
(xxxvii)Bracknell Forest Borough Council;
(xxxviii)Brighton & Hove Council;
(xxxix)Buckinghamshire County Council;
(xl)East Sussex County Council;
(xli)Hampshire County Council;
(xlii)Isle of Wight Council;
(xliii)Kent;
(xliv)Medway Council;
(xlv)Milton Keynes Council;

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(xlvi)Oxfordshire;
(xlvii)Portsmouth;
(xlviii)Reading Borough Council;
(xlix)Slough Borough Council;
(l)Southampton City Council;
(li)Surrey County Council;
(lii)West Berkshire;
(liii)West Sussex County Council;
(liv)Windsor & Maidenhead;
(lv)Wokingham District Council;
(lvi)Bath & North East Somerset Council;
(lvii)Bristol County Council;
(lviii)Bournemouth, Poole and Christchurch;
(lix)Cornwall County Council;
(lx)Devon County Council;
(lxi)Dorset County Council;
(lxii)Gloucestershire County Council;
(lxiii)North Somerset;
(lxiv)City of Plymouth;
(lxv)Somerset County Council;
(lxvi)South Gloucestershire Council;
(lxvii)Swindon Borough Council;
(lxviii)Torbay Council;
(lxix)Wiltshire;
(lxx)Herefordshire;
(lxxi)Shropshire;
(lxxii)Staffordshire;
(lxxiii)City of Stoke on Trent;
(lxxiv)Telford & Wrekin Council;
(lxxv)Warwickshire County Council;
(lxxvi)West Midlands;
(lxxvii)Worcestershire County Council;
(lxxviii)East Riding;
(lxxix)Kingston Upon Hull;
(lxxx)North East Lincolnshire;
(lxxxi)North Lincolnshire;
(lxxxii)North Yorkshire County Council;
(lxxxiii)South Yorkshire;
(lxxxiv)West Yorkshire;
(lxxxv)City of York;
 laid under the Road Traffic Reduction Act 1997;
2.Account for 1999–2000 of Scottish Natural Heritage, together with the Report of the Comptroller and Auditor General, laid under the Natural Heritage (Scotland) Act 1991;
3.Resource Accounts for 1999–2000 of National Savings, together with the Report of the Comptroller and Auditor General, laid under the Exchequer and Audit Departments Act 1921.

Private Business

10.City of London (Ward Elections) Bill—A message was brought from the Commons, that they have made the following orders to which they desire the concurrence of this House:

That the promoters of the City of London (Ward Elections) Bill shall have leave to suspend proceedings thereon in order to proceed with it, if they think fit, in the next session of Parliament, provided that notice of their intention to do so is lodged in the Private Bill Office not later than the day before the close of the present session and that all fees due up to that date have been paid;

That on the fifth sitting day in the next session the bill shall be presented to the House by deposit in the Private Bill Office;

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That a declaration signed by the agent shall be annexed to the bill, stating that it is the same in every respect as the bill presented in this House in the present session;

That on the next sitting day following presentation, the Clerk in the Private Bill Office shall lay the bill on the Table of the House;

That in the next session the bill shall be deemed to have passed through every stage through which it has passed in the present session, and shall be recorded in the Journal of the House as having passed those stages;

That no further fees shall be charged to such stages.

Public Business

11.House of Lords’ Offices—A message was received from the Commons that they give leave to Michael Barram, Esquire, Director of Finance Policy and an Officer of that House, to attend to be examined as a witness before the Administration and Works Sub-Committee of the Select Committee on the House of Lords’ Offices.
12.Transport Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 124)
13.Flags Regulations (Northern Ireland) 2000—It was moved by the Lord Falconer of Thoroton that the draft Regulations laid before the House on 23rd October be approved; after debate, the motion was agreed to.
14.Immigration Appeals (Family Visitor) (No. 2) Regulations 2000—It was moved by the Lord Judd that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 13th September, be annulled (S.I. 2000/2446); after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at twenty five minutes before ten o’clock
to Monday next, half-past two o’clock.