House of Lords Journal 234 (Session 2000-01)


Previous Next

Wednesday 21 February 2001

The House met at eleven 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.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Blaker, L.
Blatch, B.
Blease, L.
Blood, B.
Boardman, L.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brightman, L.
Brigstocke, B.
Brittan of Spennithorne, 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.
Butterworth, L.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carter, L.
Castle of Blackburn, B.
Chadlington, L.
Chalfont, L.
Chelmsford, Bp.
Clark of Kempston, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Cohen of Pimlico, B.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Dacre of Glanton, 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.

Page 159

2000-01

Volume 234      

Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dubs, L.
Dundee, E.
Durham, Bp.
Eden of Winton, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Feldman, L.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Fforestfach, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hayman, B.
Healey, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howe of Aberavon, L.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hylton, L.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Putney, L.
Judd, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
MacLaurin of Knebworth, L.
McNally, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Mishcon, 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.
Noakes, B.
Nolan, L.
Northbourne, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
Oliver of Aylmerton, L.
Oxfuird, V.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Perry of Walton, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Roper, L.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
Saatchi, 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.
Selsdon, L.
Sharp of Guildford, B.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.

Page 160

2000-01

Volume 234

Back to top

Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tombs, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Tugendhat, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakefield, Bp.
Wakeham, L.
Walker of Worcester, L.
Wallace of Saltaire, L.
Walmsley, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Winchester, Bp.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.

PRAYERS were read by the Lord Bishop of Portsmouth.

Judicial Business

1.Regina v. Pendleton (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of Donald Pendleton was presented and ordered to be prosecuted subject to the procedures applicable thereto.
2.Prince (Petitioner) v. Saleem and another (Respondents)—The petition of Roger Graham Prince praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 28th April).
3.Grobbelaar (Petitioner) v. News Group Newspapers Limited and another (Respondents)—The petition of Bruce David Grobbelaar praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th February).
4.Cowan (Petitioner) v. Condon (Commissioner of Police for the Metropolis) (Respondent)—The petition of William Egan Cowan praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
5.Farley (Appellant) v. Skinner (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 13th March next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
6.Appeal Committee—The following Order was made pursuant to the 24th Report:

Regina v. K (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 7th March next.

7.Appeal Committee—The 25th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—

Donohue (Respondent) v. Armco Inc and others (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 7th March next.

8.Appeal Committee—The 26th Report from the Appeal Committee was agreed to and the following Orders were made—

Twinn (Petitioner) v. Society of Lloyd’s (Respondents) (First Petition)—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.

Twinn (Petitioner) v. Society of Lloyds (Respondents) (Second Petition)—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.

Macpherson and another (Petitioners) v. European Strategic Bureau 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 granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Chauhan and others (Respondents) v. Sandhu (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.

Page 161

2000-01

Volume 234

Back to top

Trade Marks Act 1938 (application No. 1,589,316)—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. Criminal Cases Review Commission (Respondents) and Commissioners of Inland Revenue (Interested Party) ex parte Hunt (Petitioner)—That leave to appeal be refused.

Prince (Petitioner) v. Saleem and another (Respondents)—That leave to appeal be refused.

Cowan (Petitioner) v. Condon (Commissioner of Police for the Metropolis) (Respondent)—That leave to appeal be refused.

9.Appeal Committee—The 27th Report from the Appeal Committee was agreed to and the following Orders were made—

Co-operative Retail Services Limited (Respondents) v. Taylor Young Partnership and others (Petitioners) and others —That the respondents be invited to lodge objections by 7th March next.

Bhatt (Petitioner) v. Chelsea & Westminster Healthcare Trust and others (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.

Jackson and another (Petitioners) v. Royal Bank of Scotland plc (Respondents)—That the respondents be invited to lodge objections by 7th March next.

Cape & Dalgleish (a firm) (Respondents) v. Fitzgerald (Petitioner) and others—That the respondents be invited to lodge objections by 7th March next.

In re TWGS (a minor) (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) 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. Sissen (Petitioner)—That leave to appeal be refused.

Regina v. Smith (Respondent) (2001)—That the respondent be invited to lodge objections by 7th March next.

Papers

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

Air Services—Exchange of Notes between the United Kingdom and Mauritius amending the Air Services Agreement done at Port Louis on 12 July 1973.

(5065)

11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2001, laid under the European Communities Act 1972;
 (368)
2.Smoke Control Areas (Exempted Fireplaces) (England) Order 2001, laid under the Clean Air Act 1993.
 (422)
3.Parent Governor Representatives (England) Regulations 2001, laid under the Education Act 1996;
 (478)
4.Financing of Maintained Schools (England) Regulations 2001, laid under the School Standards and Framework Act 1998.
 (475)

Select Committee Reports

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

9th Report, on the following bills:

Homes Bill;
Social Security Contributions (Share Options) Bill;
Children’s Commissioner for Wales Bill;
Wild Mammals (Protection) (Amendment) [HL] ; (HL Paper 37)

10th Report, on the Regulatory Reform Bill—Further report on the bill’s passage through the House of Lords. (HL Paper 38)

Page 162

2000-01

Volume 234

Back to top

Public Business

13.House of Lords Financial Powers Bill [HL]—A bill to amend the Parliament Act 1911 and to make further provision on the financial powers of the House of Lords was presented by the Lord Saatchi, read a first time and ordered to be printed. (HL Bill 29)
14.Business of the House—It was moved by the Baroness Jay of Paddington ( Lord Privy Seal) that the debate on the motion in the name of the Baroness Walmsley set down for today shall be limited to 3 hours and that in the name of the Lord McNally to 2 hours; the motion was agreed to.
15.Teaching (3-hour debate)—It was moved by the Baroness Walmsley that there be laid before the House papers relating to the shortage of qualified teachers, and to the impact of inspections and bureaucracy in schools; after debate, the motion was (by leave of the House) withdrawn.
16.Drugs and the Law (2-hour debate)—It was moved by the Lord McNally that there be laid before the House papers relating to the case for a Royal Commission on the misuse of drugs in the light of the Police Foundation Report: “Drugs and the Law” (the Runciman Report); after debate, the motion was (by leave of the House) withdrawn.
17.Psychotherapy Bill [HL]—The House resolved itself into a Committee upon the bill; an amendment was moved and (by leave of the Committee) withdrawn; 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 30)

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