House of Lords Journal 236 (Session 2002-03)


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Tuesday 29 April 2003

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.
Acton, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Alexander of Weedon, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Avebury, L.
Bach, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Blatch, B.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brigstocke, B.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, 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.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Chadlington, L.
Chan, L.
Chandos, V.
Chelmsford, Bp.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke Hampstead, L.

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Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Coe, L.
Cohen of Pimlico, B.
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.
Crickhowell, L.
Cuckney, 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.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Dundee, E.
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.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Finlay of Llandaff, B.
Fitt, L.
Flowers, L.
Fookes, B.
Fowler, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Glentoran, L.
Golding, B.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hardy of Wath, L.
Harris of Haringey, L.
Harris of Peckham, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg, B.
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.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hylton, L.
Inge, L.
James of Holland Park, B.
Janner of Braunstone, L.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jordan, L.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lane, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McCarthy, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mallalieu, B.
Manchester, Bp.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Michie of Gallanach, B.
Milner of Leeds, L.
Mishcon, L.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Montrose, D.
Moran, L.
Morgan, L.
Morris of Aberavon, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Oliver of Aylmerton, L.
O’Neill of Bengarve, B.
Onslow, E.
Oppenheim-Barnes, B.
Orme, L.
Ouseley, L.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Perry of Walton, L.
Peston, L.
Peyton of Yeovil, L.

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Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, 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.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Renwick of Clifton, L.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Russell, E.
Saatchi, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tombs, L.
Tomlinson, L.
Tope, L.
Trefgarne, L.
Trumpington, B.
Truro, Bp.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Vinson, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walmsley, B.
Walpole, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Whitaker, B.
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 Tillyorn, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Truro.

Judicial Business

1.Her Majesty’s Commissioners of Customs and Excise (Appellants) v. Zielinski Baker & Partners Limited (Respondents) (England)—The appeal of Her Majesty’s Commissioners of Customs and Excise was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next (lodged 16th April).
2.Barclays Mercantile Business Finance Limited (Respondents) v. Mawson (Her Majesty’s Inspector of Taxes) (Appellant) (England)—The appeal of John Mawson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next (lodged 23rd April).
3.Anton Durbeck Gmbh (Appellants) v. Den Norske Bank ASA (Respondents) (England)—The appeal of Anton Durbeck GmbH was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next.
4.Jerome (Appellant) v. Kelly (Her Majesty’s Inspector of Taxes) (Respondent) (England)—The appeal of Michael Jerome was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next (lodged 24th April).
5.McCabe (Respondent) v. Cornwall County Council and others (Appellants) (England)—The appeal of Cornwall County Council and the Governors of Mounts Bay School was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next (lodged 25th April).
6.In re McKerr (Respondent) (Northern Ireland)—The appeal of the Secretary of State for Northern Ireland was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next (lodged 16th April).

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7.Regina v. Durham Constabulary and another (Appellant) ex parte R (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice)—The appeal of the Secretary of State for the Home Department was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 17th April).
8.Jackson and another (Original Appellants and Cross-respondents) v. Royal Bank of Scotland (Original Respondents and Cross-appellants) (England)—The cross-appeal of the Royal Bank of Scotland was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th June next.
9.Roe (a patient by his litigation friend) (Respondent) v. Sheffield City Council (Respondents) and others (Petitioners)—The petition of South Yorkshire Light Rail Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th February).
10.Roe (a patient by his litigation friend) (Respondent) v. Sheffield City Council (Petitioners) and others (Respondents) and others—The petition of Sheffield City Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12th February).
11.Vowles (Respondent) v. Evans and others (Petitioners)—The petition of David Evans and the Welsh Rugby Union Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 10th April).
12.In re F (children)—The petition of the father praying for leave to appeal was presented and referred to an Appeal Committee (lodged 17th April).
13.Moy v. Pettman Smith (a firm) (Respondents) and another (Petitioner)—The petition of Jacqueline Perry praying for leave to appeal was presented and referred to an Appeal Committee (lodged 25th April).
14.Daraz (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of Afou Daraz praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 28th April).
15.Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank of England (Petitioners)—The petition of the Governor and Company of the Bank of England praying for leave to appeal was presented and referred to an Appeal Committee.
16.Regina v. Durham Constabulary (Petitioners) and another ex parte R (Respondent)—The petition of the Durham Constabulary praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 12th December).
17.Regina v. Clayton (Petitioner)—The petition of Colin Clayton praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 14th April).
18.Regina v. Secretary of State for the Home Department (Petitioner) ex parte Shala (Respondent)—The petition of the Secretary of State for the Home Department praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
19.Regina v. Camberwell Green Youth Court (Respondents) ex parte N (a minor) (by his mother and litigation friend) (FC) (Petitioner)—The petition of N praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
20.Ghaidan (Appellant) v. Godin-Mendoza (Respondent)—The petition of Stonewall Limited praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
21.Lawal (Appellant) v. Northern Spirit Limited—The petition of the Lord Chancellor’s Department praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
22.Celtec Limited (Appellants) v. Astley and others (Respondents)—The petition of the appellants, praying that the appeal be restored, for leave to give security for costs notwithstanding that the time limited by Standing Order VI has expired and that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 28th May next (the agents for the respondents consenting thereto), was presented; and it was ordered as prayed.
23.Gregg (FC) (Appellant) v. Scott (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 14th April).
24.Kerr (Respondent) (AP) v. Department for Social Development (Appellants) (Northern Ireland)—The appeal was set down for hearing and referred to an Appellate Committee.

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25.Mulkerrins (formerly Woodward) (FC) (Appellant) v. Pricewaterhouse Coopers (a firm) (formerly trading as Coopers & Lybrand (a firm)) (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
26.Simmons (Respondent) v. British Steel plc (Appellants) (Scotland)—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 20th May next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 14th April).
27.South Ayrshire Council (Appellants) v. Milligan (Respondent) (Scotland)—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 9th June next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 23rd April).
28.Ghaidan (Appellant) v. Godin-Mendoza (FC) (Respondent)—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 14th May next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed. The respondent’s certificate of public funding was lodged.
29.Lagden (Respondent) v. O’Connor (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 13th May next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
30.Criterion Properties plc (Appellants) v. Stratford UK Properties llc (Respondents) and others—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
31.Family Housing Association (Appellants) v. Donnellan (FC) and another (Respondents) and another—The Lord Chancellor was joined to the appeal on behalf of the Crown in accordance with practice direction 31.
32.Jones (Petitioner) v. University of Warwick (Respondents)—Upon application by the petitioner (the agents for the respondents consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.
33.Appeal Committee—The 43rd Report from the Appeal Committee was agreed to and the following Order was made—

Lawal (Appellant) v. Northern Spirit Limited—That the petition of the Lord Chancellor’s Department that they might be heard or otherwise intervene in the said appeal be allowed.

Papers

34.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
(i)Draft Enterprise Act 2002 (Anticipated Mergers) Order 2003, together with an Explanatory Memorandum—
(ii)Draft Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003, together with an Explanatory Memorandum—
(iii)Draft Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003, together with an Explanatory Memorandum—
(iv)Draft Enterprise Act 2002 (Supply of Services) Order 2003, together with an Explanatory Memorandum—

laid under the Enterprise Act 2002.

35.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Plant Health (Amendment) (England) Order 2003, laid under the Plant Health Act 1967;
 (1157)
2.Lands Tribunal (Salaries) Order (Northern Ireland) 2003, laid under the Northern Ireland Act 2000.
 (—)
36.Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:

Social Security and Child Support (Miscellaneous Amendments) Regulations 2003.

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Select Committee Reports

37.House of Lords Reform—The 2nd Report from the Joint Committee was made and ordered to be printed. (HL Paper 97)
38.Human Rights—It was ordered that the evidence taken by the Joint Committee on 15th July 2002 (Session 2001–02) and 18th November 2002 be printed. (HL Paper 98–i and 98–ii)
39.European Union—The 20th Report from the Select Committee, Government Responses: Review of Scrutiny of European Legislation; EU Russia Relations; and Europol’s Role in Fighting Crime was made; it was ordered that the Report be printed. (HL Paper 99)

Public Business

40.Harbours Bill [HL]—The report was received.
41.European Parliament (Representation) Bill—The Commons amendment was considered and agreed to.
42.Communications Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
43.National Minimum Wage (Enforcement Notices) Bill—The bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.
44.Water Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 61)
45.NHS Bodies and Local Authorities Partnership Arrangements (Amendment) (England) Regulations 2003—It was moved by the Baroness Greengross that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 11th March, be annulled (S.I. 2003/629); after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned during pleasure.

The House was resumed.

46.Communications Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed after amendment 14.

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


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

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

Water Bill [HL]—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.

The Committee was adjourned at nineteen minutes before eight o’clock.