House of Lords Journal 234 (Session 2000-01)


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Wednesday 7 March 2001

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.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barnett, L.
Beaumont of Whitley, L.
Berkeley, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackburn, Bp.
Blackwell, L.
Blatch, B.
Blease, L.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Bristol, Bp.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Butler of Brockwell, L.
Butterworth, L.

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Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnegy of Lour, B.
Carr of Hadley, L.
Carter, L.
Chalker of Wallasey, B.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colwyn, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crickhowell, L.
Cuckney, L.
Dahrendorf, L.
Darcy de Knayth, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Eatwell, L.
Eccles of Moulton, B.
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.
Ferrers, E.
Fitt, L.
Flather, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Guildford, Bp.
Habgood, L.
Hamwee, B.
Hanham, B.
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.
Hayhoe, L.
Hayman, B.
Healey, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg, B.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howe, E.
Howe of Aberavon, L.
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.
Hussey of North Bradley, L.
Hutton, L.
Hylton, L.
Inge, L.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Putney, L.
Jopling, L.
Kimball, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
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.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Mallalieu, B.
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.
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.
Montrose, D.
Morris of Castle Morris, L.
Morris of Manchester, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Orme, L.
Owen, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prior, L.
Quirk, L.
Ramsay of Cartvale, B.

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Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rotherwick, L.
Russell, E.
Ryder of Wensum, L.
Sainsbury of Preston Candover, L.
Sainsbury of Turville, 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.
Sharples, B.
Shaw of Northstead, L.
Shore of Stepney, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stevenson of Coddenham, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Varley, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Woolmer of Leeds, L.
Young, B.

PRAYERS were read by the Lord Bishop of Bristol.

1.Barony of Aldington in the Peerage of the United Kingdom—The Lord Chancellor reported that Charles Harold Stuart had established his succession to the Barony of Aldington in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter Lord Aldington on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

2.Donohue (Respondent) v. Armco Inc and others (Appellants) (England)—The appeal of Armco Inc, Armco Financial Services Corporation, Armco Financial Services International Limited, Armco Pacific Limited and Northwestern National Insurance Company was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th April next.
3.Dubai Aluminium Company Limited v. Salaam (Respondent) and others (Original Appellants and Cross-respondents) and others and another (Original Respondent and Cross-petitioner)—The petition of Mahdi Mohamed Al Tajir praying for leave to cross-appeal was presented and referred to an Appeal Committee (lodged 23rd January).
4.Commissioners of Customs and Excise (Appellants) v. Plantiflor Limited (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
5.Appeal Committee—The 31st Report from the Appeal Committee was made and ordered to be printed (HL Paper 44). The Report was agreed to and the following Order was made—

Regina v. A (Respondent)—That the Secretary of State for the Home Department be joined to the appeal in accordance with section 5(2) of the Human Rights Act 1998.

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.Budget—Financial Statement and Budget Report 2001: Investing for the Long Term Building Opportunity and Prosperity for All;
 (—)
2.Public Accounts—Public Accounts: Treasury Minute on the 43rd, 46th and 47th Reports from the Committee of Public Accounts 1999-2000.
 (5071)

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7.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Government Resources and Accounts Act 2000 (Investment by Devolved Administrations) (Public-Private Partnership Business) Order 2001, laid under the Government Resources and Accounts Act 2000;
 (756)
2.Transport Act 2000 (Extinguishment of Loans) (Civil Aviation Authority) Order 2001, laid under the Transport Act 2000;
 (755)
3.Social Security Revaluation of Earnings Factors Order 2001, laid under the Social Security Administration Act 1992;
 (631)
4. (i)Insolvent Companies (Reports on Conduct of Directors) (Scotland) (Amendment) Rules 2001—(768)
(ii)Insolvent Partnerships (Amendment) Order 2001—(767)
(iii)Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2001—(765)
(iv)Insolvency Fees (Amendment) Order 2001—(761)
(v)Insolvency (Amendment) Regulations 2001—(762)
(vi)Insolvency (Amendment) Rules 2001—(763)
(vii)Insolvent Companies (Reports on Conduct of Directors) (Amendment) Rules 2001—(764)
 laid under the Insolvency Act 1986;
5. (i)Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) (Amendment) Regulations 2001—(699)
(ii)Children and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001—(698)
(iii)Children and Family Court Advisory and Support Service (Provision of Grants) Regulations 2001—(697)
 laid under the Criminal Justice and Court Services Act 2000;
6.Greater London Magistrates’ Courts Authority (Accounts and Audit) Regulations 2001, laid under the Justices of the Peace Act 1997;
 (734)
7.Inner London Court Staff Pensions Order 2001, laid under the Access to Justice Act 1999;
 (733)
8. (i)Royal Brompton and Harefield National Health Service Trust (Transfer of Trust Property) Order 2001—(712)
(ii)Special Trustees for the Royal London Hospital (Transfer of Trust Property) Order 2001—(710)
(iii)Special Trustees for the St. Bartholomew’s Hospital (Transfer of Trust Property) Order 2001—(711)
(iv)Special Trustees for the Great Ormond Street Hospital for Children (Transfer of Trust Property) Order 2001—(709)
(v)National Treatment Agency Regulations—(715)
 laid under the National Health Service Act 1977;
9.Welfare Food (Amendment) Regulations 2001, laid under the Social Security Act 1988.
 (758)
8.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Exchange Equalisation Account 1998–1999, laid under the Exchequer and Audit Department Act 1921.

Select Committee Reports

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

12th Report, on the Health and Social Care Bill, with the minutes of evidence; (HL Paper 45)

13th Report, on the following bills:

Hunting Bill;

House of Commons (Removal of Clergy Disqualification) Bill;

Homes Bill—Government Response; (HL Paper 46)

14th Report, on the proposal for the draft Deregulation (Disposals of Dwelling-houses by Local Authorities) Order 2001. (HL Paper 47)

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Private Business

10.Leeds Supertram (Land Acquisition and Road Works) Order 2001—
11.Leeds Supertram (Extension) Order 2001—

The report by the Chairman of Committees and the Chairman of Ways and Means in the House of Commons, pursuant to section 3(5) of the Statutory Orders (Special Procedure) Act 1945, that no petitions had been presented against the Leeds Supertram (Land Acquisition and Road Works) Order 2001 nor against the Leeds Supertram (Extension) Order 2001 was laid before the House and ordered to lie on the Table.

Public Business

12.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 Lord Tanlaw set down for today shall be limited to 1½ hours and that in the name of the Lord St John of Bletso to 3½ hours; the motion was agreed to.
13.Economic Affairs—It was moved by the Lord Tordoff that a Select Committee be appointed to consider economic affairs;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Barnett
L. Burns
L. Cuckney
L. Elder
B. Hogg
L. Newby
L. Oakeshott of Seagrove Bay
B. O’Cathain
L. Paul
L. Peston (Chairman)
L. Roll of Ipsden
L. Vinson;

That the Committee have power to appoint specialist advisers;

That the Committee have power to adjourn from place to place;

That the Committee have leave to report from time to time;

the motion was agreed to.

14.Stem Cell Research—It was moved by the Lord Tordoff that a Select Committee be appointed to consider and report on the issues connected with human cloning and stem cell research arising from the Human Fertilisation and Embryology (Research Purposes) Regulations 2000;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

E. Carnarvon
B. Cumberlege
L. Dahrendorf
L. Donoughue
B. McIntosh of Hudnall
B. Northover
B. O’Neill of Bengarve
Bp. Oxford (Chairman)
B. Perry of Southwark
B. Platt of Writtle
B. Warwick of Undercliffe;

That the Committee have power to appoint specialist advisers;

That the Committee have power to adjourn from place to place;

after debate, the motion was agreed to.

15.Near Earth Objects (1½-hour debate)—It was moved by the Lord Tanlaw that there be laid before the House papers relating to the report of the Task Force on potentially hazardous Near Earth Objects; after debate, the motion was (by leave of the House) withdrawn.
16.Southern Africa (3½-hour debate)—It was moved by the Lord St John of Bletso that there be laid before the House papers relating to the current political, social and economic challenges facing Southern Africa; after debate, the motion was (by leave of the House) withdrawn.
17.Maximum Number of Judges (Northern Ireland) Order 2001—It was moved by the Lord Bach that the draft Order laid before the House on 11th December 2000 be approved; after debate, the motion was agreed to.
18.Local Government Best Value (Exclusion of Non-commercial Considerations) Order 2001—It was moved by the Lord Whitty that the draft Order laid before the House on 12th December 2000 be approved; after debate, the motion was agreed to.
19.Industrial Training Levy (Construction Board) Order 2001—It was moved by the Lord Davies of Oldham that the draft Order laid before the House on 21st December 2000 be approved; after debate, the motion was agreed to.
20.Industrial Training Levy (Engineering Construction Board) Order 2001—It was moved by the Lord Davies of Oldham that the draft Order laid before the House on 21st December 2000 be approved; the motion was agreed to.

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21.Pig Industry Restructuring (Capital Grant) Scheme 2001—It was moved by the Baroness Hayman to move, That the Scheme laid before the House on 1st February be approved; after debate, the motion was agreed to.
22.Pig Industry Development Scheme 2000 (Confirmation) Order 2001—It was moved by the Baroness Hayman that the draft Order laid before the House on 7th February be approved; the motion was agreed to.
23.Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2001—It was moved by the Lord Macdonald of Tradeston that the draft Order laid before the House on 1st February be approved; after debate, the motion was agreed to.

The House was adjourned at nine o’clock
till tomorrow, two o’clock for judicial business,
three o’clock for public business.