House of Lords Journal 236 (Session 2002-03)


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Wednesday 18 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.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
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.
Barber of Tewkesbury, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Best, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Brennan, L.
Bridgeman, V.
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.
Butler of Brockwell, L.
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.
Carr of Hadley, L.
Carter, L.

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Chalfont, L.
Chan, L.
Chandos, V.
Chester, Bp.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Coe, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Cuckney, L.
Cumberlege, B.
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.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eames, L.
Eatwell, L.
Eccles of Moulton, B.
Elder, 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.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Feldman, L.
Fellowes, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Richmond, B.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howarth of Breckland, B.
Howe, E.
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.
Hylton, L.
Inge, L.
Jacobs, L.
Janner of Braunstone, L.
Jauncey of Tullichettle, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, 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.
Levy, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Maddock, B.
Manchester, Bp.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
May of Oxford, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Morgan, L.
Morris of Aberavon, L.
Morris of Manchester, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neill of Bladen, L.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
Onslow, E.
Orme, L.
Ouseley, L.
Oxburgh, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.

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Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Powell of Bayswater, L.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renwick of Clifton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rogan, L.
Roll of Ipsden, L.
Roper, L.
Rotherwick, L.
Russell-Johnston, L.
St. Edmundsbury and Ipswich, Bp.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sharples, B.
Sheldon, L.
Sheppard of Didgemere, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Waddington, 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.
Wilberforce, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Willoughby de Broke, L.
Winchester, Bp.
Winston, L.

PRAYERS were read by the Lord Bishop of Portsmouth.

1.Lord Bishop of Manchester—Nigel Simeon Lord Bishop of Manchester was introduced between the Lord Bishop of Portsmouth and the Lord Bishop of St. Edmundsbury and Ipswich; and took and subscribed the oath pursuant to statute.
2.Dukedom of Bedford in the Peerage of England—The Lord Chancellor reported that Henry Robin Ian Russell had established his succession to the Dukedom of Bedford in the Peerage of England. The Clerk of the Parliaments was accordingly directed to enter the Duke of Bedford on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

3.Stewart (Respondent) v. Perth and Kinross Council (Appellants) (Scotland)—The appeal of Perth and Kinross Council was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th January next.
4.Appeal Committee—The 18th Report from the Appeal Committee was agreed to and the following Order was made—

Pearce (Appellant) v. Governing Body of Mayfield School (Respondents)—That the petition of the Secretary of State for Trade and Industry that he might be heard or otherwise intervene in the said appeal be allowed.

5.Appeal Committee—The 19th Report from the Appeal Committee was agreed to and the following Orders were made—

Parry (Petitioner) v. Ministry of Agriculture, Fisheries and Food and others (Respondents)—That the respondents be invited to lodge objections by 1st January next.

Matin (Petitioner) v. Commissioner of Police for the Metropolis (Respondent)—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.

Cowan (FC) (Petitioner) v. West and another (Respondent)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and

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that the respondent be at liberty to apply for his 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.

Celtec Limited (Petitioners) v. Astley and others (Respondents)—That the petition be referred for hearing.

Regina v. Secretary of State for Environment, Food and Rural Affairs and others (Respondents) ex parte Greenpeace Limited (Petitioners)—That the respondents be invited to lodge objections by 1st January next.

Synthon BV (Respondents) v. Smithkline Beecham plc (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.

Collier (Respondent) v. Collier (Petitioner)—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.

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.Arts and Libraries—Report for 2001–02 of the Reviewing Committee on the Export of Works of Art;
 (5662)
2.Environment—Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer.
 (5725)
7.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Commissioner for Children and Young People (Northern Ireland) Order 2003, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.

8.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Asylum Support (Amendment) (No. 3) Regulations 2002, laid under the Immigration and Asylum Act 1999;
 (3110)
2.Education (Information About Individual Pupils) (England) (Amendment) Regulations 2002, laid under the Education Act 1996;
 (3112)
3.Northern Ireland Act 2000 (Prescribed Documents) Order 2002, laid under the Northern Ireland Act 2000;
 (3126)
4.Working Time (Amendment) Regulations 2002, laid under the European Communities Act 1972.
 (3128)

Select Committee Reports

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

5th Report, on the following bills:

 Police (Northern Ireland) Bill [HL];
 Public Services (Disruption) Bill [HL];
 Greater London Authority Act 1999 (Repeal) Bill [HL]; (HL Paper 31)

6th Report, on the following Orders:

 Proposal for the Draft Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003;
 Draft Regulatory Reform (Special Occasions Licensing) Order 2002;
 Draft Regulatory Reform (Credit Unions) Order 2003;

and requesting evidence on the proposal for the Draft Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) Order 2003; (HL Paper 32)

Private Business

10.Private Bills—The Examiners’ certificates that the Standing Orders applicable to the petitions for the following bills have been complied with were delivered and ordered to lie on the Table:

Hereford Markets;

Nottingham City Council;

Transas Group.

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Public Business

11.Business of the House—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that Standing Order 41 (Arrangement of the Order Paper) be dispensed with on Tuesday 7th January to allow the motion standing in the name of the Lord Crickhowell to be taken after the motion standing in the name of the Lord Grenfell; the motion was agreed to.
12.Courts Bill [HL]—It was moved by the Lord Chancellor that it be an instruction to the Committee of the Whole House to which the Courts Bill has been committed that they consider the bill in the following order:
Clauses 1 to 6
Schedule 1
Clauses 7 to 31
Schedule 2
Clauses 32 to 40
Schedule 3
Clauses 41 to 60
Schedule 4
Clauses 61 to 91
Schedule 5
Clauses 92 to 98
Schedules 6 and 7
Clauses 99 to 101;

the motion was agreed to.

13.Constitution (Balloted debate)—It was moved by the Lord Norton of Louth that there be laid before the House papers relating to the nature of the British Constitution and the consequences of constitutional change; after debate, the motion was (by leave of the House) withdrawn.
14.Olympic Games (Balloted debate)—It was moved by the Lord Moynihan that there be laid before the House papers relating to the decision by the British Olympic Association to support London’s aspirations to host the 2012 Olympic Games; after debate, the motion was (by leave of the House) withdrawn.
15.Waste and Emissions Trading Bill [HL]—The bill was reported from the Grand Committee without amendment.
16.Mental health—The Lord Ashley of Stoke asked Her Majesty’s Government what consideration they are giving to introducing legislation to protect people with mental incapacity; after debate, the question was answered by the Baroness Scotland of Asthal.

The House was adjourned at fourteen minutes before eleven o’clock
till tomorrow, eleven o’clock.


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOMS 3A AND 4B)

The Committee met at half-past three o’clock.

Waste and Emissions Trading Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; it was ordered that the bill be reported without amendment.

The Committee was adjourned at nineteen minutes past seven o’clock.