House of Lords Journal 236 (Session 2002-03)


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Thursday 6 February 2003

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Adebowale, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Bach, L.
Bagri, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bingham of Cornhill, L
Blatch, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bragg, L.
Bramall, L.
Brightman, L.
Brigstocke, B.
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.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carter, L.
Chadlington, L.
Chandos, V.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craigavon, V.
Crawley, B.
Crickhowell, L.
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.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles of Moulton, B.
Elder, L.
Elis-Thomas, 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.
Falconer of Thoroton, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Gavron, L.

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Geraint, L.
Gibson of Market Rasen, B.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Gray of Contin, L.
Greenfield, B.
Greengross, B.
Greenway, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
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 Kings Heath, L.
Hunt of Wirral, L.
Hussey of North Bradley, L.
Hutton, L.
Hylton, L.
Inglewood, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Joffe, L.
Jopling, L.
Jordan, L.
Judd, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lichfield, Bp.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
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.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Montrose, D.
Moore of Wolvercote, L.
Morgan, L.
Morris of Aberavon, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neill of Bladen, L.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Oliver of Aylmerton, L.
Onslow, E.
Oxford, Bp.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
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.
Plumb, L.
Plummer of St. Marylebone, L.
Prashar, B.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Roper, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sharman, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Soulsby of Swaffham Prior, L.
Stallard, L.
Stevens of Ludgate, L.
Strabolgi, L.
Strange, B.
Strathclyde, 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 Gresford, L.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.

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Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tope, L.
Trefgarne, L.
Trumpington, B.
Turnberg, L.
Uddin, B.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walker of Worcester, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Williamson of Horton, L.
Willoughby de Broke, L.
Wilson of Dinton, L.
Windlesham, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Lichfield.

Papers

1.Instrument withdrawn—The following instrument, laid before the House on 3rd February, was withdrawn:

Draft Terrorism Act 2000 (Code of Practice on Video Recording of Interviews) (Northern Ireland) Order 2003.

2.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i)Draft Government Resources and Accounts Act 2000 (Rights of Access of Comptroller and Auditor General) Order 2003, together with an Explanatory Memorandum—
(ii)Draft Government Resources and Accounts Act 2000 (Examinations by Comptroller and Auditor General) Order 2003, together with an Explanatory Memorandum—
 laid under the Government Resources and Accounts Act 2000;
2.Draft Maximum Number of Judges Order 2003, laid under the Supreme Court Act 1981, together with an Explanatory Memorandum;
3. (i)Draft Apple and Pear Research Council (Dissolution) Order 2003, together with an Explanatory Memorandum—
(ii)Draft Horticultural Development Council (Amendment) Order 2003, together with an Explanatory Memorandum—
 laid under the Industrial Organisation and Development Act 1947.
3.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003, laid under the Local Government Finance Act 1992;
 (195)
2.Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003, laid under the Road Traffic Act 1988;
 (222)
3.Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment) Regulations 2003, laid under the Vehicles (Crime) Act 2001;
 (228)
4.Livestock and Meat Commission (Maximum Levy) Regulations (Northern Ireland) 2003, laid under the Northern Ireland Act 2000;
 (—)
5.Rules of the Supreme Court (Northern Ireland) (Amendment) 2003, laid under the Judicature (Northern Ireland) Act 1978.
 (—)

Public Business

4.Business of the House—It was moved by the Baroness Symons of Vernham Dean, on behalf of the Lord Privy Seal (Lord Williams of Mostyn), that the debate on the motion in the name of the Lord Plant of Highfield set down for today shall be limited to 3 hours; the motion was agreed to.
5.Health (Wales) Bill—It was moved by the Lord Evans of Temple Guiting 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.
6.Access to Justice (Northern Ireland) Order 2003—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 19th December 2002 be approved; after debate, the motion was agreed to.

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7.Business of the House—The three motions in the name of the Lord Whitty were postponed until after the six motions in the name of the Lord Privy Seal (Lord Williams of Mostyn).

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

Judicial Business

8.In re Shields (Respondent) (Northern Ireland)—It was moved by the Lord Bingham of Cornhill, That the 9th 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 in Northern Ireland of 24th April 2002 be set aside and that the Order of Mr Justice Kerr of 11th December 2001 be restored; and that the respondent do pay to the appellant his costs 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. [2003] UKHL 3

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

Public Business

9.Procedure of the House—It was moved by the Chairman of Committees that the 2nd Report from the Select Committee be agreed to (HL Paper 49); the motion was agreed to.
10.Education and Libraries (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order be referred to the Northern Ireland Orders Grand Committee; the motion was agreed to.
11.Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order be referred to the Northern Ireland Orders Grand Committee; the motion was agreed to.
12.Planning (Amendment) (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order be referred to the Northern Ireland Orders Grand Committee; the motion was agreed to.
13.Housing (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order be referred to the Northern Ireland Orders Grand Committee; the motion was agreed to.
14.Energy (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order be referred to the Northern Ireland Orders Grand Committee; the motion was agreed to.
15.Budget (Northern Ireland) Order 2003—It was moved by the Lord Privy Seal (Lord Williams of Mostyn) that the draft Order be referred to the Northern Ireland Orders Grand Committee; the motion was agreed to.
16.Welfare of Farmed Animals (England) (Amendment) Regulations 2003—It was moved by the Lord Whitty that the draft Regulations laid before the House on 14th January be approved; after debate, the motion was agreed to.
17.Code of Recommendations for the Welfare of Livestock: Pigs—It was moved by the Lord Whitty that the draft Code of Recommendations laid before the House on 9th January be approved; the motion was agreed to.
18.Industrial Training Levy (Construction Board) Order 2003—It was moved by the Lord Davies of Oldham, on behalf of the Baroness Ashton of Upholland, that the draft Order laid before the House on 20th January be approved; after debate, the motion was agreed to.
19.Industrial Training Levy (Engineering Construction Board) Order 2003—It was moved by the Lord Davies of Oldham, on behalf of the Baroness Ashton of Upholland, that the draft Order laid before the House on 20th January be approved; the motion was agreed to.
20.Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003—It was moved by the Lord Evans of Temple Guiting that the draft Regulatory Reform Order laid before the House on 13th January be approved; the motion was agreed to.
21.Voluntary and community sector—It was moved by the Lord Plant of Highfield that there be laid before the House papers relating to the role of the voluntary and community sector in service delivery in the light of the report of the Strategy Unit Private Action, Public Benefit and the Treasury’s Cross Cutting Review; after debate, the motion was (by leave of the House) withdrawn.

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22.Electricity (Miscellaneous Provisions) Bill—A bill to make provision in connection with the provision of financial assistance to, or the acquisition of any securities of or any part of the undertaking or assets of, British Energy p.l.c. or any of its subsidiaries; to provide for the repeal of Part 2 of the Electricity Act 1989; to amend Schedule 12 to that Act and to make provision for undertakings to make grants under that Schedule to be disregarded for tax purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 30)
23.Electricity (Miscellaneous Provisions) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 30–EN)

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