House of Lords Journal 236 (Session 2002-03)


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Monday 18 November 2002

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.
Addington, L.
Ahmed, L.
Alexander of Weedon, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barnett, L.
Beaumont of Whitley, L.
Bernstein of Craigweil, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackwell, L.
Blatch, B.
Bledisloe, V.
Blood, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brett, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Chalfont, L.
Chalker of Wallasey, B.
Chan, L.
Chandos, V.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Cobbold, L.
Cockfield, L.
Coe, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
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.
Denham, L.
Derby, Bp.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dundee, E.
Eatwell, L.
Eden of Winton, L.
Elder, 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.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Fitt, L.
Flather, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.

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Fyfe of Fairfield, L.
Gale, B.
Gavron, L.
Gibson, L.
Gibson of Market Rasen, B.
Gilmour of Craigmillar, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Gould of Potternewton, B.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayman, B.
Henley, L.
Hereford, Bp.
Higgins, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howarth of Breckland, B.
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 Wirral, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jones, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Laird, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mar, C.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Michie of Gallanach, B.
Miller of Hendon, B.
Milner of Leeds, L.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Moore of Wolvercote, L.
Morgan, L.
Morris of Aberavon, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Murton of Lindisfarne, L.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbourne, L.
Northover, B.
O’Cathain, B.
Oppenheim-Barnes, B.
Orme, L.
Ouseley, L.
Oxburgh, L.
Oxfuird, V.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plummer of St. Marylebone, L.
Portsmouth, Bp.
Powell of Bayswater, L.
Prashar, B.
Prior, L.
Prys-Davies, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Roll of Ipsden, L.
Roper, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shrewsbury, E.
Simon, V.
Simon of Glaisdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Stallard, L.
Stern, B.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Temple-Morris, L.
Thatcher, B.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.

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Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walker of Gestingthorpe, L.
Walmsley, B.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, 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.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Derby.

Judicial Business

1.Regina v. Chenia (Petitioner)—The petition of Shokat Chenia, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee.
2.Regina v. Secretary of State for the Home Department and another (Respondents) ex parte Anufrijeva (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
3.Regina v. London Borough of Barnet (Respondents) ex parte G (FC) (Appellant)—
4.Regina v. London Borough of Lambeth (Respondents) ex parte W (FC) (Appellant)—
5.Regina v. London Borough of Lambeth (Respondents) ex parte A (FC) (Appellant)—

(Conjoined Appeals)—
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 30th December 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.

6.Appeal Committee—The following Orders were made pursuant to the 114th Report, Session 2001–02—

Triesman (previously known as McDonagh) (sued on her own behalf and on behalf of all other members of the Labour Party) (Respondent) v. Ali and another (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.
Quantum Corporation Limited and others (Respondents) v. Plane Trucking Limited and others (Petitioners)—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.
RCO Support Services Limited (Petitioners) v. Unison and others (Respondents)—That the petition be referred for hearing.
Regina v. Leonard Cheshire Foundation (Respondents) ex parte Callin (FC) and another (FC) (Petitioners) and another—That leave to appeal be refused; that the costs of the petitioners 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.

7.Appeal Committee—The 4th Report from the Appeal Committee was agreed to and the following Orders were made—

Toye (Petitioner) v. London Borough of Southwark (Respondents)—That leave to appeal be refused.
Hewlett-Packard GmbH and others (Respondents) v. Waters Corporation and others (Petitioners)—That the respondents be invited to lodge objections by 2nd December next.
Clark (Respondent) v. Tull (t/a Ardington Electrical Services) (Petitioner) and four other actions—That the respondents be invited to lodge objections by 2nd December next.
South Bucks District Council (Respondents) v. Flanagan (deceased) and another (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.

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Chief Constable of Bedfordshire Police (Respondent) v. Liversidge (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Chester (Respondent) v. Afshar (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 2nd December next.
Moyna (Respondent) v. Social Security Commissioner (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 2nd December next.
In re R (Petitioner) (First Petition)—That leave to appeal be refused.
In re R (Petitioner) (Second Petition)—That leave to appeal be refused.
Albion Automotive Limited (Petitioner) v. G. Walker 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.

Papers

8.Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1.Commercial Debts—Exchange of Notes between the United Kingdom and Ghana concerning Certain Commercial Debts; (15th November)
 (5682)
2.Employment—Pathways to work: Helping people into employment: Government consultation document. (18th November)
 (5690)
9.Statutory Instruments (Standing Order 71)—The following statutory instruments, having been laid before the House on 15th November, were ordered to lie on the Table:
1.Dangerous Substances and Explosive Atmospheres Regulations 2002, laid under the Health and Safety at Work etc. Act 1974;
 (2776)
2. (i)Carriers’ Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2002—(2816)
(ii)Carriers’ Liability Regulations 2002—(2817)
 laid under the Immigration and Asylum Act 1999;
3.Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002, laid under the Social Security Contributions (Transfer of Functions, Etc.) Act 1999;
 (2820)
4. (i)Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002—(2819)
(ii)Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002—(2821)
(iii)Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002—(2822)
(iv)Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2002—(2823)
 laid under the Social Security Contributions and Benefits Act 1992.
10.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Housing Support Services (Northern Ireland) Order 2002, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum;
2.Draft Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.
11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2002, laid under the Children (Northern Ireland) Order 1995;
 (—)
2.Value Added Tax Tribunals (Amendment) Rules 2002, laid under the Value Added Tax Act 1994;
 (2851)
3. (i)Draft School Admissions Code of Practice—(—)
(ii)Draft School Admission Appeals Code of Practice—(—)
 laid under the School Standards and Framework Act 1998.

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Select Committee Reports

12.Committee of Selection—The First Report from the Committee was made; it was ordered that the Report be printed. (HL Paper 3)
13.Church of England (Pensions) Measure—The Measure and the 217th Report thereon of the Ecclesiastical Committee were laid before the House (pursuant to section 4 of the Church of England Assembly (Powers) Act 1919) and ordered to be printed. (HL Paper 4–I and II)
14.Economic Affairs Committee—The First Report from the Select Committee, on Globalisation, was made; it was ordered that the Report be printed, together with the oral evidence received after 13th March 2002 and written evidence. (HL Paper 5)

Private Business

15.London Local Authorities and Transport for London Bill [HL]—The Chairman of Committees acquainted the House that, pursuant to the resolution of 31st October, the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, read a second time pro forma and committed to an Unopposed Bill Committee.
16.London Local Authorities Bill [HL]—The Chairman of Committees acquainted the House that, pursuant to the resolution of 31st October, the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, read a second time pro forma, reported from the Select Committee and re-committed to an Unopposed Bill Committee.

Public Business

17.The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned till tomorrow.

The House was adjourned at nineteen minutes before ten o’clock
till tomorrow, half-past two o’clock.