House of Lords Journal 233 (Session 1999-00)

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Thursday 6 April 2000

The House met at two o’clock.

The following Lords Spiritual and Temporal were present:

Irvine of Lairg, L.
(Lord Chancellor)

Ackner, L.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Archer of Weston-Super-Mare, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Belstead, L.
Birt, L.
Blatch, B.
Blease, L.
Bledisloe, V.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bridgeman, V.
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.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carnarvon, E.
Carnegy of Lour, B.
Carter, L.
Chalfont, L.
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.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crathorne, L.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Watford, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Gale, B.
Gardner of Parkes, B.
Garel-Jones, L.
Geraint, L.
Gladwin of Clee, L.
Glenarthur, L.

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Glentoran, L.
Goldsmith, L.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Hamwee, B.
Hanningfield, L.
Hardy of Wath, L.
Harris of Greenwich, L.
Harris of Haringey, L.
Harris of Peckham, L.
Harris of Richmond, B.
Harrison, L.
Haslam, L.
Hayhoe, L.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hoffmann, L.
Hogg, B.
Holderness, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Tanworth, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hussey of North Bradley, L.
Hylton, L.
Hylton-Foster, B.
Islwyn, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
Joffe, L.
Jopling, L.
Kimball, L.
Kingsland, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lea of Crondall, L.
Levy, L.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Longford, E.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
MacKenzie of Framwellgate, L.
Mackie of Benshie, L.
McNally, L.
Mancroft, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Millett, L.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Moran, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Murray of Epping Forest, L.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Nicholson of Winterbourne, B.
Nicol, B.
Northesk, E.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Oxford, Bp.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Walton, L.
Peston, L.
Phillips of Sudbury, L.
Pike, B.
Pitkeathley , B.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Prashar, B.
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.
Renwick of Clifton, L.
Richard, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rosslyn, E.
Russell, E.
Ryder of Warsaw, B.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Salisbury, Bp.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Serota, B.
Sharman, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Simon of Highbury, L.
Skelmersdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snowdon, E.
Southwark, Bp.
Stallard, L.
Stern, B.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Tenby, V.
Thomas of Gwydir, L.
Thomas of Swynnerton, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Vivian, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Walpole, L.
Warner, L.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wigoder, L.
Wilberforce, L.
Wilkins, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winston, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young, B.
Young of Old Scone, B.

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PRAYERS were read by the Lord Bishop of Salisbury.

Judicial Business

1.Regina v. Ministry of Defence (Respondent) ex parte Walker (Appellant)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 5th February 1999 be affirmed and the appeal dismissed; and that there be no order as to costs.
2.Walker (Her Majesty’s Inspector of Taxes) (Respondent) v. Centaur Clothes Group Limited (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 25th June 1998 and the Order of Sir John Vinelott of 13th November 1996 be set aside and that the decision of the Special Commissioner for the purpose of the Income Tax Acts of 1st April 1996 be restored; and that the respondent do pay to the appellants their costs in the Chancery Division, 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.
3.Wisely (A.P.) (Respondent) v. John Fulton Plumbers Limited (Appellants) (Scotland)—
4.Wadey (Respondent) v. Surrey County Council (Appellants)—

The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutor of the First Division of the Inner House of the Court of Session in Scotland of 28th January 1998 and the Order of the Court of Appeal of 11th December 1998 be affirmed and the appeals dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

5.Kuddus (A.P.) (Appellant) v. Chief Constable of Leicestershire Constabulary (Respondent) (England)—The appeal of Omar Kuddus was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 18th May next. The appellant’s legal aid certificate was lodged.
6.Skerritts of Nottingham Limited (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—The petition of Skerritts of Nottingham Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd March).
7.Horvath (A.P.) (Appellant) v. Secretary of State for the Home Department (Respondent)—The petition of the European Roma Rights Centre praying for leave to intervene in writing in the said appeal (the agents for the appellant consenting and the agents for the respondent not consenting thereto) was presented and referred to an Appeal Committee.
8.Commissioners of Customs and Excise (Respondents) v. Liverpool Institute for Performing Arts (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 23rd May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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


9.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Health—Memorandum by the Department of Health in response to the 6th Report by the House of Commons Health Select Committee, Session 1998–99, on procedures related to adverse clinical incidents and outcomes in medical care;
2.Finance—Report by the Department of Health on the Government’s Expenditure Plans for 2000–2001;
3.Armed Forces—Agreement between the United Kingdom and France concerning Mutual Logistic Support, together with an explanatory memorandum;
4.Disarmament—Agreement between the United Kingdom and the Preparatory Commission for the Comprehensive Nuclear–Test–Ban Treaty Organization on the conduct of activities, including post–certification activities, relating to International Monitoring Facilities for the Comprehensive Nuclear–Test–Ban Treaty, together with an explanatory memorandum.
10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Dual–Use and Related Goods (Export Control) (Amendment) Regulations 2000, laid under the European Communities Act 1972;
2.Channel Tunnel (International Arrangements) (Amendment) Order 2000, laid under the Channel Tunnel Act 1987;

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3.Immigration (Passenger Information) Order 2000, laid under the Immigration Act 1971;
4.Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 2000, laid under the Civil Aviation Act 1982;
5.Statute made by Brasenose College, Oxford on 3rd April 2000, laid under the Universities of Oxford and Cambridge Act 1923.
11.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Report and Accounts for 1998–99 of the Post Office Users’ National Council, laid under the Post Office Act 1969.

Public Business

12.Limited Liability Partnerships Bill [HL]—The bill was read a third time; an amendment was moved and (by leave of the House) withdrawn; a privilege amendment was agreed to; then the bill was passed and sent to the Commons.
13.Terrorism Bill—It was moved by the Lord Bassam of Brighton that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
14. Freedom of Information Bill—A bill to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 55)
15. Freedom of Information Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 55–EN)
16.Armed Forces Discipline Bill [HL] —The bill was returned from the Commons agreed to with a privilege amendment; the amendment was considered and agreed to.
17.Organisation for Joint Armament Cooperation (Immunities and Privileges) Order 2000—It was moved by the Baroness Symons of Vernham Dean that the draft Order laid before the House on 7th March be approved; the motion was agreed to.
18.Equality (Disability, etc.) (Northern Ireland) Order 2000—It was moved by the Baroness Farrington of Ribbleton that the draft Order laid before the House on 16th March be approved; after debate, the motion was agreed to.

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