House of Lords Journal 236 (Session 2002-03)


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Thursday 5 December 2002

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Addington, L.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.

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Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Avebury, L.
Bach, L.
Baldwin of Bewdley, E.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Blackstone, B.
Blackwell, L.
Blaker, L.
Blatch, B.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, 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.
Carey of Clifton, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Chan, L.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Cooke of Islandreagh, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, 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.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goldsmith, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greaves, L.
Greenfield, B.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Hilton of Eggardon, B.
Hobhouse of Woodborough, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howarth of Breckland, B.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
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.
Hussey of North Bradley, L.
Hutton, L.
Hylton, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kirkhill, L.
Laird, L.
Laming, L.
Lang of Monkton, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levene of Portsoken, L.
Lewis of Newnham, L.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luce, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.

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Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Mishcon, L.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Morgan, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Moynihan, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Nicol, B.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Neill of Bengarve, B.
Onslow, E.
Orme, L.
Ouseley, L.
Owen, L.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Parkinson, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Peston, L.
Peterborough, Bp.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Prashar, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Roper, L.
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.
Sawyer, L.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Stallard, L.
Stewartby, L.
Stoddart of Swindon, L.
Stokes, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Woolmer of Leeds, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Peterborough.

1.Queen’s Speech—The Queen’s answer to the Address of 21st November was delivered by the Lord Chamberlain (Lord Luce) and read, as follows:

I have received with great satisfaction the dutiful and loyal expression of your thanks for the speech with which I opened the present Session of Parliament.

2.Earldom of Kimberley in the Peerage of the United Kingdom—The Lord Chancellor reported that John Armine Wodehouse had established his succession to the Earldom of Kimberley in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the Earl of Kimberley on the register of hereditary peers maintained under Standing Order 10(5).
3.Barony of Dudley in the Peerage of England—The Lord Chancellor reported that Jim Anthony Hill Wallace had established his succession to the Barony of Dudley in the Peerage of England. The Clerk of the Parliaments was accordingly directed to enter the Lord Dudley on the register of hereditary peers maintained under Standing Order 10(5).

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4.Barony of Vaux of Harrowden in the Peerage of England—The Lord Chancellor reported that Anthony William Gilbey had established his succession to the Barony of Vaux of Harrowden in the Peerage of England. The Clerk of the Parliaments was accordingly directed to enter the Lord Vaux of Harrowden on the register of hereditary peers maintained under Standing Order 10(5).

Papers

5.Instrument withdrawn—The following instrument, laid before the House on 4th December, was withdrawn:

Public Vehicles Accessibility (Amendment) Regulations 2002.

(2981)

6.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002, laid under the European Communities Act 1972;
 (2934)
2.Occupational Pensions (Revaluation) Order 2002, laid under the Pension Schemes Act 1993;
 (2951)
3.City of Plymouth (Scheme for Elections) Order 2002, laid under the Local Government Act 2000;
 (2954)
4. (i)Public Service Vehicles Accessibility (Amendment) Regulations 2002—(2981)
(ii)Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption (Amendment) Order 2002—(3001)
(iii)Rail Vehicle Accessibility (C2C Class 357/0 Vehicles) Exemption (Amendment) Order 2002—(3002)
 laid under the Disability Discrimination Act 1995;
5.Commission for Patient and Public Involvement in Health (Functions) Regulations 2002, laid under the National Health Service Reform and Health Care Professions Act 2002;
 (3007)
6.Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment No. 3) Regulations 2002, laid under the Consumer Protection Act 1987;
 (3010)
7.Proposal by the Secretary of State for Culture, Media and Sport under section 4(4) of the Video Recordings Act 1984 to appoint Sir Quentin Thomas as a designated authority, laid under the Video Recordings Act 1984.
 (—)
7.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Amendment List 6 to Air Publication 1269—The Royal Air Force Manual of Medical Management and Administration, laid under the Air Force (Constitution) Act 1917;
2.Regulations of the Defence Council amending Queen’s Regulations for the Royal Air Force (fifth edition), laid under the Reserve Forces Act 1996.
8.Statutory Instruments Reference Committee—The Lord Chancellor acquainted the House that he had received the following Report from the Statutory Instruments Reference Committee:

That it has been notified in accordance with regulation 11(3) of the Statutory Instruments Regulations 1947 that the Department for Environment, Food and Rural Affairs has certified, under regulation 6 of the said Regulations, that the printing and sale of the Nitrate Vulnerable Zones (Additional Designations) (England) Regulations 2002 (S.I. 2002/2525) in accordance with the requirements of section 2(1) of the Statutory Instruments Act 1946, is unnecessary, having regard to the fact that they were in force for only eleven days before being revoked, and were available during that time in various media to representatives of those affected by them; and that the replacement regulations are of precisely the same effect.

That the Committee is satisfied that the certificate is justified and has taken no further action in the matter.

The report was ordered to lie on the table.

Public Business

9.Police (Northern Ireland) Bill [HL]—A bill to make provision about policing in Northern Ireland and the exercise of police powers in Northern Ireland by persons who are not police officers; and to amend the Police and Criminal Evidence (Northern Ireland) Order 1989 was presented by the Baroness Farrington of Ribbleton on behalf of the Lord Privy Seal (Lord Williams of Mostyn), read a first time and ordered to be printed. (HL Bill 15)
10.Police (Northern Ireland) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 15–EN)

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11.Licensing Bill [HL]—It was moved by the Baroness Blackstone that it be an instruction to the Committee of the Whole House to which the Licensing Bill [HL] has been committed that they consider the bill in the following order:
Clause 1
Schedules 1 and 2
Clauses 2 to 4
Clause 177
Clauses 5 to 8
Schedule 3
Clauses 9 to 111
Schedule 4
Clauses 112 to 176
Schedule 5
Clauses 178 to 196
Schedules 6 to 8;

the motion was agreed to.

12.Control of Asbestos at Work Regulations 2002—It was moved by the Earl of Onslow that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 31st October, be annulled (S.I. 2002/2675); after debate, the motion was (by leave of the House) withdrawn.
13.Contracting Out (Functions in Relation to Applications for Patents) Order 2002—It was moved by the Lord Sainsbury of Turville that the draft Order laid before the House on 5th November be approved; after debate, the motion was agreed to.
14.European Communities (Definition of Treaties) (Agreement on Trade, Development and Co-operation Between the European Community and its Member States and the Republic of South Africa) Order 2002—It was moved by the Baroness Crawley that the draft Order laid before the House on 7th November be approved; after debate, the motion was agreed to.
15.Northern Ireland Act 1998 (Designation of Public Authorities) Order 2002—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Privy Seal (Lord Williams of Mostyn), that the draft Order laid before the House on 24th October be approved; after debate, the motion was agreed to.
16.Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 18th November be approved; after debate, the motion was agreed to.
17.Housing Support Services (Northern Ireland) Order 2002—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 18th November be approved; after debate, the motion was agreed to.
18.Business of the House—It was moved by the Baroness Crawley that the motions on the Potato Industry Development Council (Amendment) Order and the Air Quality (England) (Amendment) Regulations be postponed till after Starred Questions; the motion was agreed to.

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

Judicial Business

19.Dubai Aluminium Company Limited v. Salaam (Original Respondent and 2nd Cross-appellant) and others (Original Appellants and Cross-respondents) and others and another (Original Respondent and 1st Cross-appellant)—It was moved by the Lord Nicholls of Birkenhead, That the 4th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of Amhurst Brown Martin and Nicholson and Amhurst Brown Colombotti be allowed; that the Order of the Court of Appeal of 7th April 2000 be set aside save for paragraphs 3 and 4, paragraph 8(3) and in paragraph 2 the words “save that the appeal of Mr Al Tajir against the findings on issues of fact against him by the Honourable Mr Justice Rix in the Court below be dismissed” and that the Order of Mr Justice Rix of 24th July 1998 be restored including his Orders as to costs; that the original respondents do pay to the original appellants their costs before this House (the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties) and in the Court of Appeal, save as provided by paragraph 8(3) of the Order of the Court of Appeal of 7th April 2000; that the cross-appeal of Mahdi Mohamed al Tajir be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the cross-appeal of Hany Mohamed Salaam be dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2002] UKHL 48

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20.Malekshad (Respondent) v. Howard de Walden Estates Limited (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 5th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 23rd May 2001 (save for paragraph 5 thereof) and the Order of Judge Ryland of 28th February 2000 be set aside; that it be declared that “the respondent is entitled to enfranchise 76 Harley Street alone”; that the cause be remitted to the County Court to decide, in the light of any counternotice which the freeholder may serve, whether the part of 76 Harley Street which lies under 27 Weymouth Mews should be included or excluded from the property to be enfranchised; and that the appellants do pay to the respondent half of his costs in the County Court, 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. [2002] UKHL 49
21.Ghaidan (Petitioner) v. Godin-Mendoza (Respondent)—The petition of Ahmad Raja Ghaidan praying for leave to appeal was presented and referred to an Appeal Committee.
22.Regina v. London Borough of Bromley (Respondents) ex parte Barker (FC) (Appellant)—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 16th January next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
23.John Lyon’s Charity (Respondents) v. Shalson (Appellant)—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 16th December (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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

Public Business

24.Potato Industry Development Council (Amendment) Order 2002—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Whitty, that the draft Order laid before the House on 23rd October be approved; after debate, the motion was agreed to.
25.Air Quality (England) (Amendment) Regulations 2002—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord Whitty, that the draft Regulations laid before the House on 14th November be approved; after debate, the motion was agreed to.
26.Stem Cell Research—It was moved by the Lord Bishop of Oxford that this House takes note of the Report of the Select Committee on Stem Cell Research (HL Paper 83, Session 2001–02); after debate, the motion was agreed to.
27.Bio-fuel industry—The Lord Carter asked Her Majesty’s Government what is their view of the environmental, economic and agricultural advantages of a viable bio-fuel industry in the United Kingdom; after debate, the question was answered by the Lord Whitty.

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