House of Lords Journal 236 (Session 2002-03)


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Monday 16 December 2002

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Aberdare, L.
Ackner, L.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Berkeley, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackwell, L.
Blaker, L.
Blatch, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bridgeman, V.
Brightman, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter, L.
Cavendish of Furness, L.
Chalker of Wallasey, B.
Chan, L.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Coe, L.
Colwyn, L.
Condon, L.
Cooke of Islandreagh, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Dahrendorf, L.
David, 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.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Eatwell, L.
Eccles of Moulton, B.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Geddes, L.
Gladwin of Clee, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hannay of Chiswick, L.

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Hanningfield, L.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hattersley, L.
Hayhoe, L.
Healey, L.
Henley, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
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.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Hussey of North Bradley, L.
Hylton, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Jordan, L.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kirkhill, L.
Laird, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Layard, L.
Lea of Crondall, L.
Levy, L.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mallalieu, B.
Mancroft, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Morris of Manchester, L.
Moser, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Oppenheim-Barnes, B.
Orme, L.
Ouseley, L.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosslyn, E.
Russell, E.
Russell-Johnston, L.
Ryder of Wensum, L.
Saatchi, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sharples, B.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stevens of Ludgate, L.
Stewartby, 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.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Varley, L.
Wade of Chorlton, L.
Wakeham, L.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Whitaker, B.
Wigoder, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winston, L.
Wright of Richmond, L.

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PRAYERS were read by the Lord Bishop of Portsmouth.

Judicial Business

1.In re I (Respondent) (application for a writ of Habeas Corpus) (England)—The appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 27th January next.
2.In re Guisto (FC) (Appellant) (application for a writ of Habeas Corpus) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal of Gennaro Guisto was presented and ordered to be prosecuted subject to the procedures applicable thereto.
3.Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Petitioner)—The petition of Xhevdet Hoxha praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 13th December).
4.In re B (FC) (Petitioner) (2002)—The petition of B praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 13th December).
5.John Lyon’s Charity (Respondents) v. Shalson (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
6.In re O and N (minors) (FC)—The minors’ certificates of public funding were lodged.
7.Akenzua (FC) and another (administrators of the estate of Marcia Zena Laws (deceased)) (Respondents) v. Secretary of State for the Home Department and another (Petitioner)—The first respondent’s certificate of public funding was lodged.
8.Appeal Committee—The 16th Report from the Appeal Committee was agreed to and the following Orders were made—

Deepak Fertilisers and Petrochemicals Corporation Limited (Respondents) v. Davy McKee (London) Limited (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.

Regina v. Secretary of State for the Home Department (Petitioner) ex parte Kariharan and another (Respondents)—That the respondents be invited to lodge objections by 30th December.

Regina v. Secretary of State for the Home Department (Petitioner) ex parte Kumarakuruparan (Respondent)—That the respondent be invited to lodge objections by 30th December.

Regina v. Bow Street Magistrates Court and others (Respondents) ex parte Asasi (Petitioner)—That leave to appeal be refused.

Mostcash plc (a company in liquidation formerly called UK Paper plc) and others (Petitioners) v. Fluor Limited (Respondents) and others—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.

Andreou (Petitioner) v. Lord Chancellor’s Department (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.

Regina v. Secretary of State for the Home Department and another (Respondents) ex parte IH (FC) (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 30th December.

Nottingham City Council (Petitioners) v. Thames (Respondent)—That leave to appeal be refused.

In re A (a child)—That leave to appeal be refused.

Papers

9.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.Northern Ireland—Exchange of Notes between the United Kingdom and Ireland concerning Certain Decisions of the North/South Ministerial Council established by the Agreement between the two Governments signed on 8th March 1999 and related matters; (13th December)
 (5708)
2.Immigration—Report for 2001–02 of the Independent Monitor (Immigration and Asylum Act 1999). (16th December)
 (—)

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10.Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 13th December, were ordered to lie on the Table:
1.Education (Student Support) (Amendment) (No. 3) Regulations 2002, laid under the Teaching and Higher Education Act 1998;
 (3059)
2.Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2002, laid under the Education Act 1962;
 (3060)
3.Langley Junior School (Change to School Session Times) Order 2002, laid under the Education Act 2002;
 (3063)
4.Registration of Births, Deaths and Marriages (Fees) Order 2002, laid under the Public Expenditure and Receipts Act 1968;
 (3076)
11.Regulatory Reform—The following order was laid before the House under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

Draft Regulatory Reform (Credit Unions) Order 2003, together with a statement by HM Treasury.

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.School Crossing Patrol Sign (England and Wales) Regulations 2002, laid under the Road Traffic Regulation Act 1984;
 (3020)
2. (i)Zoo Licensing Act 1981 (Amendment) (England and Wales) Regulations 2002—(3080)
(ii)Measuring Instruments (EC Requirements) (Electrical Energy Meters) (Amendment) Regulations 2002—(3082)
 laid under the European Communities Act 1972;
3.Judicial Pensions and Retirement Act 1993 (Certain Qualifying Judicial Offices) (Amendment) Order 2002, laid under the Judicial Pensions and Retirement Act 1993;
 (3083)
4.Companies (Principal Business Activities) (Amendment) Regulations 2002, laid under the Companies Act 1985.
 (3081)

Select Committee Report

13.Human Rights—The First Report from the Joint Committee, Scrutiny of Bills: Progress Report, was made and ordered to be printed. (HL Paper 24)

Public Business

14.Consolidated Fund Bill—The bill was read a third time and passed.
15.Consolidated Fund (Appropriation) Bill—The bill was read a third time and passed.
16.Police (Northern Ireland) Bill [HL]—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
17.Justice (Northern Ireland) Act 2002 (Amendment of section 46(1)) Order 2002—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 27th November be approved; after debate, the motion was agreed to.
18.Fur Farming (Prohibition) (Northern Ireland) Order 2002—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 21st November be approved; after debate, the motion was agreed to.
19.Harbours (Northern Ireland) Order 2002—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 21st November be approved; after debate, the motion was agreed to.
20.Company Directors Disqualification (Northern Ireland) Order 2002—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 25th November be approved; after debate, the motion was agreed to.
21.Environment (Northern Ireland) Order 2002—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 25th November be approved; after debate, the motion was agreed to.
22.Insolvency (Northern Ireland) Order 2002—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order laid before the House on 25th November be approved; the motion was agreed to.

The House was adjourned at twenty minutes past seven o’clock
till tomorrow, half-past two o’clock.