House of Lords Journal 233 (Session 1999-00)

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Wednesday 15 December 1999

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.
Alderdice, L.
Aldington, L.
Alexander of Weedon, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
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.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Belstead, L.
Biffen, L.
Blackstone, B.
Blackwell, L.
Blaker, L.
Blatch, B.

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Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brookeborough , V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Bruce of Donington, L.
Burlison, L.
Burnham, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Butterworth, L.
Caithness, E.
Campbell of Alloway, L.
Campbell of Croy, L.
Carnarvon, E.
Carr of Hadley, L.
Carrington, L.
Carter, L.
Castle of Blackburn, B.
Clark of Kempston, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Croham, 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.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ewing of Kirkford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Geraint, L.
Gibson, L.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greenway, L.
Gregson, L.
Hamwee, B.
Hardy of Wath, L.
Harmar-Nicholls, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Haslam, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hogg, B.
Hogg of Cumbernauld, L.
Hooper, B.
Hooson, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
HyltonFoster, B.
Inge, L.
Islwyn, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jellicoe, E.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Jopling, L.
Judd, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Marlesford, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Merlyn-Rees, L.
Milner of Leeds, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Moore of Wolvercote, L.
Morris of Manchester, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
Orme, L.
Owen, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Southwark, B.
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.
Portsmouth, Bp.
Prashar, B.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Rees, L.
Rennard, L.
Renton, L.
Richard, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Rosslyn, E.
Rotherwick, L.
Russell, E.
Ryder of Warsaw, B.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selsdon, L.
Shaw of Northstead, L.
Sheppard of Liverpool, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stallard, L.
Stern, B.
Stewartby, L.
Stodart of Leaston, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Templeman, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Wakeham, L.
Walker of Doncaster, L.
Walker of Worcester, L.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Wharton, B.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce , L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Willoughby de Broke, L.
Windlesham, L.
Young, B.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Southwark.

Judicial Business

1.Regina v. Hinks (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of Karen Maria Hinks was presented and ordered to be prosecuted subject to the procedures applicable thereto.
2.In re Oshin (Petitioner) (application for a writ of habeas Corpus)—The petition of John Olujini Oshin 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.
3.W 1-6 (A.P.) (Original Respondents and Cross-Appellants) v. Essex County Council and another (Original Appellants and Cross-Respondents)—The petition of the original appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 23rd September 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 12th August).
4.W 1-6 (A.P.) (Original Respondents and Cross-appellants) v. Essex County Council and another (Original Appellants and Cross-respondents)—Upon application by the original appellants on 6th October last (the agents for the original respondents consenting thereto), it was ordered that the original appeal be withdrawn and that there be no order as to costs.
5.W 1-6 (A.P.) (Appellants) v. Essex County Council and another (Respondents)—The appeal of W1 and W2 was set down for hearing and referred to an Appellate Committee (lodged 5th October).
6.Regina v. Secretary of State for the Home Office (Respondent) ex parte Rajaratnam (A.P.) (Appellant)—The time limit for lodging the statement and appendix having expired on 13th December, and neither the statement nor appendix having been lodged by that date, the appeal was dismissed pursuant to Standing Order VI.
7.Regina v. Secretary of State for the Home Department (Respondent) ex parte Patel (Appellant)—The time limit for lodging the statement and appendix having expired on 13th December, and neither the statement nor appendix having been lodged by that date, the appeal was dismissed pursuant to Standing Order VI.

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8.United Wire Limited (Respondents) v. Screen Repair Services (Scotland) Limited and another (Appellants) and others—The petition of the appellants praying that the appeal be restored (the agents for the respondents not consenting thereto) was presented and referred to an Appeal Committee.


9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Public Telecommunication System Designation (Racal Telecommunications Limited) Order 1999—(3336)
(ii)Public Telecommunication System Designation (Guernsey Telecoms) Order 1999—(3334)
(iii)Public Telecommunication System Designation (Norweb Telecom Limited) Order 1999—(3335)
(iv)Public Telecommunication System Designation (Pangea Networks (UK) Limited) Order 1999—(3333)
(v)Public Telecommunication System Designation (E.V. Limited) Order 1999—(3332)
(vi)Public Telecommunication System Designation (FLAG Atlantic UK Limited) Order 1999—(3331)
 laid under the Telecommunications Act 1984;
2.Income Support (General) Amendment (No. 2) Regulations 1999, laid under the Social Security Contributions and Benefits Act 1992;
3. (i)Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999—(3315)
(ii)Hill Livestock (Compensatory Allowances) Regulations 1999—(3316)
 laid under the European Communities Act 1972.
10.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Licences granted by the Secretary of State for Trade and Industry to:
(i)Pangea Networks (UK) Limited—
(ii)Guernsey Telecoms—
(iii)FLAG Atlantic UK Limited—
(iv)E.V. Limited—
(v)Racal Telecommunications Limited—
(vi)Norweb Telecom Limited—
 laid under the Telecommunications Act 1984;
2.Statistical Bulletin for 1998 concerning Criminal Proceedings in Scottish Courts, laid under the Police (Scotland) Act 1967;
3.Reports and Accounts of the Fire Service College for:
 together with the Reports of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
4.Report and Accounts for 1998–99 of the National Library for Wales, together with the Report of the Comptroller and Auditor General, laid under the Museums and Galleries Act 1992;
5.Accounts for 1998–99 of the:
(i)Independent Television Commission Additional Payments and Financial Penalties for Licensees—
(ii)Radio Authority Additional Payments by Radio Programme Licensees—
 together with the Reports of the Comptroller and Auditor General, laid under the Broadcasting Act 1990.

Select Committee Reports

11.Delegated Powers and Deregulation—The following Report from the Select Committee was made and ordered to be printed:

2nd Report, on the following bills:

 Local Government Bill [HL];
 Care Standards Bill [HL];

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 Race Relations (Amendment) Bill [HL];
 Statutory Nuisances (Hedgerows in Residential Areas) Bill [HL] . (HL Paper 16)
12.House of Lords’ Offices—The 2nd Report from the Select Committee was made (see appendix); it was ordered that the Report be printed. (HL Paper 17)
13.European Union—The First Report from the Select Committee, Electricity from Renewables: further documents, was made; it was ordered that the Report be printed. (HL Paper 18)

Private Business

14.City of Stoke-on-Trent Tunstall Northern By-Pass Local Government Act Compulsory Purchase Order 1997—The Order was reported from the Joint Committee with amendments; the amendments were ordered to be printed. (HL Paper 14) The minutes of evidence taken before the committee were ordered to lie on the Table; a Special Report was made and ordered to be printed. (HL Paper 15)

Public Business

15.Armed Forces Discipline Bill [HL]—It was moved by the Baroness Symons of Vernham Dean that it be an instruction to the Committee of the Whole House to whom the Armed Forces Discipline Bill [HL] has been committed that they consider the bill in the following order:
Clauses 1 to 10
Schedule 1
Clauses 11 to 13
Schedule 2
Clauses 14 to 25
Schedule 3
Clauses 26 and 27
Schedule 4
Clause 28;

the motion was agreed to.

16.Housing in the South East (Short debate)—It was moved by the Earl of Carnarvon that there be laid before the House papers relating to the need for housing in the South East in the years to 2016; after debate, the motion was (by leave of the House) withdrawn.
17.Coal industry (Short debate)—It was moved by the Lord Hardy of Wath that there be laid before the House papers relating to the future of the coal industry and related coal engineering industries; after debate, the motion was (by leave of the House) withdrawn.
18.Student loan scheme—The Baroness Young asked Her Majesty’s Government whether they will ensure that those who have studied at British schools elsewhere in the European Union can gain access to the student loan scheme; after debate, the question was answered by the Baroness Blackstone.

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


Second Report from the Select Committee
on the House of Lords’ Offices

Tuesday 14th December 1999

By the Select Committee appointed to consider House of Lords’ Offices

Ordered to Report—

The Committee have met and been attended by the Clerk of the Parliaments and the Yeoman Usher of the Black Rod.

1. Membership of Sub-Committees and the Advisory Panel on Works of Art

Lord Craig of Radley was appointed to the Finance and Staff and Administration and Works Sub-Committees in place of Lord Weatherill, and Baroness McIntosh of Hudnall was appointed to the Advisory Panel on Works of Art.

2. Print size of the Order Paper

The Committee endorsed a proposal to increase the print size of the white Order Paper from 10pt. to 12pt., so as to assist visually impaired peers.

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3. Distribution of parliamentary papers

The Committee agreed that a circular should be issued to all members asking them to confirm their standing orders for the various parliamentary papers.

4. Staff of the House

The Committee was informed of the decision to appoint a full-time member of staff at pay span E.1 to assist in the Gift Shop.

5. Printing and publishing

The Committee took note of the award to The Stationery Office, following tender, of a new contract to print Bils and amendments and a new contract for the electronic publication of House papers.

6. Lords’ reimbursement allowances

The Committee took note of the annual uprating of the following allowances, in line with the retail price index, with effect from 1 August 1999:

Overnight subsistence by £1.00 to £81.50

Day susbistence by 50p to £36.00

Secretarial costs by 50p to £35.00