House of Lords Journal 235 (Session 2001-02) |
Lords Journals Contents Index Minutes and Order Papers |
Tuesday 30 July 2002 The House met at eleven o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
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Listowel, E. Lockwood, B. Lofthouse of Pontefract, L. Luke, L. MacGregor of Pulham Market, L. McIntosh of Haringey, L. McIntosh of Hudnall, B. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. Mackie of Benshie, L. MacLaurin of Knebworth, L. Maclennan of Rogart, L. McNally, L. Maginnis of Drumglass, L. Mancroft, L. Mar, C. Marlesford, L. Merlyn-Rees, L. Miller of Hendon, B. Mishcon, L. Molyneaux of Killead, L. Monson, L. Montagu of Beaulieu, L. Montrose, D. Moran, L. Morgan, L. Morris of Manchester, L. Moser, L. Mowbray and Stourton, L. Murray of Epping Forest, L. Murton of Lindisfarne, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Nicol, B. Noakes, B. Northover, B. Norton of Louth, L. O’Cathain, B. Ouseley, L. Oxburgh, L. Oxford, Bp. Palmer, L. |
Park of Monmouth, B. Patel, L. Patel of Blackburn, L. Patten, L. Paul, L. Pearson of Rannoch, L. Pendry, L. Perry of Southwark, B. Peston, L. Peterborough, Bp. Peyton of Yeovil, L. Pitkeathley, B. Plant of Highfield, L. Ponsonby of Shulbrede, L. Portsmouth, Bp. Powell of Bayswater, L. Prashar, B. Puttnam, L. Quirk, L. Radice, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rea, L. Rennard, L. Renton, L. Richard, L. Rix, L. Rogan, L. Rooker, L. Roper, L. Rosslyn, E. Rotherwick, L. Russell, E. Sainsbury of Turville, L. St. John of Bletso, L. St. John of Fawsley, L. Sandberg, L. Sawyer, L. Scotland of Asthal, B. Scott of Needham Market, B. Seccombe, B. |
Selsdon, L. Sharp of Guildford, B. Sharples, B. Sheldon, L. Shrewsbury, E. Simon, V. Skelmersdale, L. Smith of Clifton, L. Smith of Gilmorehill, B. Stallard, L. Stone of Blackheath, L. Strabolgi, L. Strathclyde, L. Symons of Vernham Dean, B. Taylor of Blackburn, L. Tebbit, L. Temple-Morris, L. Tenby, V. Thomas of Walliswood, B. Tope, L. Tordoff, L. Trumpington, B. Turner of Camden, B. Vivian, L. Waddington, L. Wakeham, L. Walker of Doncaster, L. Walmsley, B. Warnock, B. Warwick of Undercliffe, B. Weatherill, L. Whitaker, B. Whitty, L. Wigoder, L. Wilcox, B. Wilkins, B. Williams of Elvel, L. Williams of Mostyn, L. Willoughby de Broke, L. Windlesham, L. Woolmer of Leeds, L. Wright of Richmond, L. |
PRAYERS were read by the Lord Bishop of Peterborough.
Judicial Business
| 1. | Regina v. Bristol Magistrates Court and others (Appellants) ex parte Junttan Oy (Respondents) (On Appeal from a Divisional Court of the Queen’s Bench Division)— |
| 2. | Regina v. Bristol Magistrates Court and others (Respondents) ex parte Junttan Oy (Appellants) (On Appeal from a Divisional Court of the Queen’s Bench Division— |
The petition of the appellants praying that the appeals be conjoined; that they be allowed to lodge one statement, one appendix and separate cases and be jointly represented in respect of the two appeals and that the respondents have leave to lodge separate cases and be separately represented in respect of the two appeals (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
| 3. | Land Rover Exports Limited (Respondents) v. Samcrete Egypt Engineers & Contractors SAE (Appellants)—It was ordered that the appeal be dismissed in accordance with Standing Order V, the appellants having failed to give security for costs by 16th July. |
| 4. | Appeal Committee—The 108th Report from the Appeal Committee was agreed to and the following Order was made— |
Regina v. City of Sunderland (Respondents) ex parte Beresford (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 13th August next.
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Papers
| 5. | Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table: |
Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002, laid under the Child Support Act 1991.
(1950)
Public Business
| 6. | Financial assistance to opposition parties—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that, in the opinion of this House, the provisions of this Resolution should have effect— |
| (a) in place of the Resolution of 27th November 1996 (giving of financial assistance to opposition parties in this House) in relation to the giving of such financial assistance for periods after 31st March 2002, and |
| (b) in relation to the giving of financial assistance to the Convenor of the Crossbench Peers for periods after 31st March 2001: |
(1) Financial assistance shall be available to assist the Opposition, the second largest opposition party and the Convenor of the Crossbench Peers in carrying out their Parliamentary business.
(2) The maximum amount of financial assistance which may be given is—
| (a) for the year beginning with 1st April 2002— |
| Opposition |
| second largest opposition party |
| Convenor of the Crossbench Peers |
| (b) for each subsequent year, the maximum amount for the previous year increased by the percentage (if any) by which the retail prices index for the previous March has increased compared with the index for the March before that, and (if the resulting amount is not a whole number of pounds) rounded to the nearest pound. |
(3) The financial assistance available under this Resolution includes assistance in respect of expenses incurred before the passing of this Resolution.
(4) In the case of the Convenor of the Crossbench Peers, financial assistance shall also be available, to a maximum of £35,000, to assist him in respect of expenses in carrying out his Parliamentary business for the year beginning with 1st April 2001.
(5) Any claim for financial assistance by a party or the Convenor (“the claimant” is to be made to the Accounting Officer of the House; and the claimant must—
| (a) provide that Officer with a statement of the facts on which the claim is based; |
| (b) certify to that Officer that the expenses in respect of which the assistance is claimed have been incurred exclusively in relation to the claimant’s Parliamentary business; and |
| (c) as soon as practicable after each 31st March following the passing of this Resolution, furnish that Officer with the certificate of an independent professional auditor to the effect that all expenses in respect of which the claimant claimed financial assistance during the period ending with that day were incurred as mentioned in sub-paragraph (b) above. |
(6) Paragraph (5)(c) does not apply to a claim for assistance under paragraph (4), but when making such a claim the Convenor must provide the Accounting Officer of the House with the certificate of an independent professional auditor to the effect that all expenses in respect of which the claim is made were incurred exclusively in relation to the Convenor’s Parliamentary business.
(7) In the case of any year in which there is a General Election—
| (a) the period ending immediately before the date of the Election and the period beginning with that date are to be treated as separate periods; |
| (b) the maximum amount which may be given to each claimant for each of those periods is a proportionate part (rounded to the nearest pound) of the maximum amount for the year in question; and |
| (c) in relation to the first such period, paragraph (5)(c) has effect as if references to the last day of the period were substituted for references to 31st March. |
(8) In this Resolution—
| (a) the “Opposition” means the party in opposition to Her Majesty’s Government having the greatest numerical strength in the House of Commons; |
| (b) the “second largest opposition party” means the party in opposition to Her Majesty’s Government (other than the Opposition) with the greatest number of Members of this House among its members; |
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| (c) the “retail prices index” means the general index of retail prices (for all items) published by the Office for National Statistics (or any index or figures published by that Office in place of that index); and |
| (d) “year” means a year beginning with 1st April; |
after debate, the motion was agreed to.
| 7. | Copyright (Visually Impaired Persons) Bill— The order of commitment was discharged. |
| 8. | Enterprise Bill—The House again resolved itself into a Committee upon the bill; amendments were agreed to; amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list); the House was resumed and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 112) |
The House was adjourned at twenty-four minutes past one o’clock
to Monday 7th October next, half-past two o’clock except for judicial business.
DIVISION
ENTERPRISE BILL
It was moved by the Lord Kingsland, in Schedule 22, page 314, to leave out lines 25 to 29 and insert:
“(1) This section applies where the creditors meeting summoned under section 257 approves the proposed voluntary arrangement (with or without modifications) whether or not the bankrupt is discharged.”;
which being objected to, the question was put thereupon, and the Committee divided:
Contents.............53
Not-Contents.............102
CONTENTS
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Anelay of St Johns, B. Astor of Hever, L. Attlee, E. Blatch, B. Brabazon of Tara, L. Brooke of Sutton Mandeville, L. Brougham and Vaux, L. Campbell of Alloway, L. Carnegy of Lour, B. Chalfont, L. Colwyn, L. Cope of Berkeley, L. [Teller] Craigavon, V. Crathorne, L. Elton, L. Fookes, B. Forsyth of Drumlean, L. |
Freeman, L. Geddes, L. Glenarthur, L. Glentoran, L. Hayhoe, L. Howe of Aberavon, L. Howe of Idlicote, B. Howell of Guildford, L. Hunt of Wirral, L. Kingsland, L. Lawson of Blaby, L. Luke, L. Marlesford, L. Miller of Hendon, B. Molyneaux of Killead, L. Monson, L. Montagu of Beaulieu, L. Montrose, D. |
Murton of Lindisfarne, L. Newton of Braintree, L. Noakes, B. Norton of Louth, L. Palmer, L. Park of Monmouth, B. Pearson of Rannoch, L. Perry of Southwark, B. Renton, L. St John of Fawsley, L. Seccombe, B. [Teller] Sharples, B. Skelmersdale, L. Tebbit, L. Trumpington, B. Vivian, L. Wilcox, B. Windlesham, L. |
NOT-CONTENTS
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Acton, L. Addington, L. Ahmed, L. Andrews, B. Bach, L. Barnett, L. Bassam of Brighton, L. Bernstein of Craigweil, L. Blackstone, B. Borrie, L. Brett, L. Brookman, L. Burlison, L. Campbell-Savours, L. Carter, L. Christopher, L. Clark of Windermere, L. |
Clarke of Hampstead, L. Clinton-Davis, L. Corbett of Castle Vale, L. Crawley, B. David, B. Davies of Oldham, L. Dean of Thornton-le-Fylde, B. Dholakia, L. Dormand of Easington, L. Dubs, L. Elder, L. Elis-Thomas, L. Evans of Temple Guiting, L. Evans of Watford, L. Ezra, L. Farrington of Ribbleton, B. Faulkner of Worcester, L. Filkin, L. |
Fitt, L. Geraint, L. Goldsmith, L. Gordon of Strathblane, L. Goudie, B. Gould of Potternewton, B. Graham of Edmonton, L. Grenfell, L. Grocott, L. [Teller] Hardy of Wath, L. Harrison, L. Haskel, L. Hayman, B. Hilton of Eggardon, B. Hollis of Heigham, B. Hooson, L. Howells of St. Davids, B. Howie of Troon, L. Hoyle, L. |
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Hughes of Woodside, L. Irvine of Lairg, L. (Lord Chancellor) King of West Bromwich, L. Lester of Herne Hill, L. Lipsey, L. Lockwood, B. McIntosh of Haringey, L. [Teller] McIntosh of Hudnall, B. MacKenzie of Culkein, L. Mackie of Benshie, L. Maclennan of Rogart, L. McNally, L. Merlyn-Rees, L. Morgan, L. Morris of Manchester, L. Nicol, B. |
Patel of Blackburn, L. Pendry, L. Pitkeathley, B. Plant of Highfield, L. Ponsonby of Shulbrede, L. Radice, L. Ramsay of Cartvale, B. Rea, L. Rennard, L. Richard, L. Roper, L. Russell, E. Sainsbury of Turville, L. Sandberg, L. Scotland of Asthal, B. Sharp of Guildford, B. |
Simon, V. Stone of Blackheath, L. Strabolgi, L. Symons of Vernham Dean, B. Taylor of Blackburn, L. Temple-Morris, L. Thomas of Walliswood, B. Tope, L. Turner of Camden, B. Walker of Doncaster, L. Walmsley, B. Warwick of Undercliffe, B. Whitaker, B. Whitty, L. Williams of Mostyn, L. (Lord Privy Seal) Woolmer of Leeds, L. |