House of Lords Journal 233 (Session 1999-00)

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Thursday 25 November 1999

The House met at 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.
Aldington, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Annan, L.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baldwin of Bewdley, E.
Barber, L.
Barber of Tewkesbury, L.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Biffen, L.
Blackburn, Bp.
Blaker, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Boardman, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bramall, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brigstocke, B.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butterworth, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carlisle of Bucklow, L.
Carmichael of Kelvingrove, L.
Carnarvon, E.

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Carnegy of Lour, B.
Carr of Hadley, L.
Carrington, L.
Carver, L.
Castle of Blackburn, B.
Chadlington, L.
Chalfont, L.
Chalker of Wallasey, B.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clement-Jones, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Croham, L.
Cuckney, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thorntonle-Fylde, B.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Dormand of Easington, L.
Eames, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fellowes, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gladwin of Clee, L.
Glentoran, L.
Goodhart, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Griffiths of Fforestfach, L.
Hanningfield, L.
Hardy of Wath, L.
Harmar- Nicholls, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hutchinson of Lullington, L.
Hylton, L.
Hylton-Foster, B.
Imbert, L.
Inge, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kingsland, L.
Kirkhill, L.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Lane, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Levy, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
Mackay of Ardbrecknish, L.
Mackenzie of Framwellgate, L.
McNally, L.
Maddock, B.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn- Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Milner of Leeds, L.
Millett, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Moore of Wolvercote, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Nicol, B.
Norfolk, D.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
Oppenheim-Barnes, B.
Orme, L.
Owen, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Perry of Walton, L.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Porter of Luddenham, L.
Prashar, B.
Prys-Davies, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Reay, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Rotherwick, L.
Ryder of Warsaw, B.
Ryder of Wensum, L.
Saatchi, L.
St. John of Bletso, L.
St. John of Fawsley, L.

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Saltoun of Abernethy, Ly.
Sandberg, L.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Serota, B.
Shaw of Northstead, L.
Shore of Stepney, L.
Shrewsbury, E.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Leigh, L.
Snowdon, E.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stern, B.
Stewartby, L.
Steyn, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Gwydir, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Wharton, B.
Wigoder, L.
Wilberforce, 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.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.
Young of Graffham, L.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1.McFarlane and another (A.P.) (Respondents) v. Tayside Health Board (Appellants) (Scotland)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutor of the Second Division of the Inner House of the Court of Session of 9th January 1998 be recalled, save in respect of the second respondent’s claim for solatium; that there should be excluded from probation the averments relating to the second respondent’s claim for loss of wages as a result of the birth of the child and to the costs incurred by the respondents in caring for, feeding, clothing and maintaining of the child and of her layette; that the second respondent should be allowed a proof before answer of her claim for solatium; that the cause be remitted back to the Lord Ordinary to proceed as accords; and that there be no order as to expenses or costs save that the respondents’ liability as assisted persons be modified to nil in accordance with the provisions of the Legal Aid (Scotland) Act 1986.
2.Coventry and Solihull Waste Disposal Company Limited (Appellants) v. Russell (Valuation Officer) (Respondent)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 22nd May 1998 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
3.Regina v. Secretary of State for Trade and Industry (Respondent) ex parte Mercury Personal Communications Limited and others (Petitioners) and others—The petition of Mercury Personal Communications Limited and Mercury Personal Communications praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
4.Bettison and others (Respondents) v. Langton and others (Appellants)—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 27th December next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 15th November).
5.Appeal Committee—The following Order was made pursuant to the 70th Report, Session 1998–99—

Lancashire County Council and another (Respondents) v. Barlow and another (Petitioners) and one other action —That leave to appeal be given, and that the petition of appeal be lodged by 9th December next.

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

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6.Earl of Snowdon (Lord Armstrong-Jones)—Antony Charles Robert Earl of Snowdon, having been created Baron Armstrong-Jones, of Nymans in the County of West Sussex, for life by Letters Patent dated 3 o’clock in the afternoon of 16th November 1999 (see appendix), took and subscribed the oath pursuant to statute.


7.Instrument withdrawn—The following instrument, laid before the House on 24th July, was withdrawn:

Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999.

8.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Fire Services—Report for 1998–99 of Her Majesty’s Chief Inspector of Fire Services for Scotland;
2.Intelligence—Report for 1998–99 of the Intelligence and Security Committee.
9.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999;
2.Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 1999.
10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Habitat (Salt-Marsh) (Amendment) Regulations 1999—(3161)
(ii)Habitat (Water Fringe) (Amendment) Regulations 1999—(3160)
(iii)Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations 1999—(3163)
 laid under the European Communities Act 1972;
2.Welfare Reform and Pensions (Northern Ireland) Order 1999, laid under the Welfare Reform and Pensions Act 1999;
3.Northern Ireland Assembly Commission (Crown Status) Order 1999, laid under the Northern Ireland Act 1998;
4.Parliamentary Copyright (Northern Ireland Assembly) Order 1999, laid under the Copyright, Designs and Patents Act 1988;
5.Wireless Telegraphy (Third Generation Licences) Regulations 1999, laid under the Wireless Telegraphy Act 1998.
11.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 1998–99 of the Scottish Conveyancing and Executry Services Board, laid under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
2.Report for August 1998 to July 1999 of the Pensions Compensation Board, laid under the Pensions Act 1995;
3.Report for 1998–99 of the Parliamentary Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints, laid under the Ombudsman (Northern Ireland) Order 1996;
4. (i)Afghanistan (United Nations Sanctions) Order 1999—(3133)
(ii)Afghanistan (United Nations Sanctions) (Channel Islands) Order 1999—(3134)
(iii)Afghanistan (United Nations Sanctions) (Isle of Man) Order 1999—(3135)
(iv)Afghanistan (United Nations Sanctions) (Overseas Territories) Order 1999—


 laid under the United Nations Act 1946.

Select Committee Report

12.Science and Technology—The First Report from the Select Committee, Non-Food Crops, was made; it was ordered that the Report be printed, together with the Minutes of Evidence. (HL Paper 5)

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Public Business

13.Local Government Bill [HL]—A bill to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; and for connected purposes was presented by the Baroness Farrington of Ribbleton, on behalf of the Lord Whitty , read a first time and ordered to be printed. (HL Bill 9 )
14.Local Government Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 9–EN)
15.Common Agricultural Policy (ECC Report)—It was moved by the Lord Reay that this House takes note of the Report of the European Communities Committee on A Reformed CAP? The outcome of Agenda 2000 (8th Report, Session 1998–99, HL Paper 61); after debate, the motion was agreed to.
16.Fraud (ECC Report)—It was moved by the Lord Hope of Craighead that this House takes note of the Report of the European Communities Committee on Prosecuting Fraud on the Communities’ Finances—the Corpus Juris (9th Report, Session 1998–99, HL Paper 62); after debate, the motion was agreed to.

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


ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Cousin Antony Charles Robert Earl of Snowdon Knight Grand Cross of Our Royal Victorian Order to the state degree style dignity title and honour of Baron Armstrong-Jones of Nymans in Our County of West Sussex

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Armstrong-Jones to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster at three o’clock in the afternoon of the sixteenth day of November in the forty-eighth year of Our Reign