House of Lords Journal 233 (Session 1999-00)

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Page 436


Volume 233      

Monday 5 June 2000

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.
Alexander of Weedon, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Ampthill, L.
Anelay of St Johns, B.
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.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Biffen, L.
Billingham, B.
Blatch, B.
Blease, L.
Bledisloe, V.
Blood, B.
Boardman, L.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradford, Bp.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookeborough, V.
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.
Carnarvon, E.
Carnegy of Lour, B.
Carr of Hadley, L.
Carter, L.
Chalfont, L. Christopher, L.
Clark of Kempston, L.
Cledwyn of Penrhos, L.
Clement Jones, L.
Clinton-Davis, L.
Clyde, L.
Cockfield, L.
Cocks of Hartcliffe, L.
Coe, L.
Cohen of Pimlico, B.
Colwyn, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Courtown, E.
Cowdrey of Tonbridge, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cranborne, V.
Crickhowell, L.
Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, 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-Smith, L.
Donaldson of Lymington, L.
Dormand of Easington, L.
Dubs, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Fitt, L.
Flather, B.
Flowers, L.
Freeman, L.
Gale, B.
Gardner of Parkes, B.
Geddes, L.
Geraint, L.
Gibson of Market Rasen, B.
Gilmour of Craigmillar, L.
Gladwin of Clee, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Guildford, Bp.
Hamwee, B.
Hanham, B.
Harris of Greenwich, L.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Hayhoe, L.
Henley, L.
Hereford, B
Hogg of Cumbernauld, L.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton-Foster, B.
Inglewood, L.
Janner of Braunstone, L.
Jeger, B.
Jenkin of Roding, L.
Jenkins of Hillhead, L.
Jenkins of Putney, L.
King of West Bromwich, L.
Kingsland, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Lipsey, L.
Lofthouse of Pontefract, L.
Longford, E.
McColl of Dulwich, L.
McConnell, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McNally, L.
Maddock, B.
Manchester, Bp.
Mar, C.
Mar and Kellie, E.

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Marlesford, L.
Marsh, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Mishcon, L.
Molloy, L.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Moore of Wolvercote, L.
Morris of Castle Morris, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Owen, L.
Oxfuird, V.
Palmer, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Platt of Writtle, B.
Prashar, B.
Prior, L.
PrysDavies, L.
Puttnam, L.
Pym, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Roper, L.
Rotherwick, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St. John of Fawsley, L.
Sandberg, L.
Sanderson of Bowden, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Shaw of Northstead, L.
Shepherd, L.
Sheppard of Liverpool, L.
Shore of Stepney, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Stallard, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Gryfe, L.
Taylor of Warwick, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Turner of Camden, B.
Uddin, B.
Wade of Chorlton, L.
Wakeham, L.
Walker of Doncaster, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Whaddon, L.
Whitaker, B.
Whitty, L.
Wilberforce, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Windlesham, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Guildford.

1.Lord Coe—Sebastian Newbold Coe Esquire, OBE, having been created Baron Coe, of Ranmore in the County of Surrey, for life by Letters Patent dated in the afternoon of 16th May 2000 (see appendix), was introduced between the Lord Strathclyde and the Lord Parkinson, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.

Judicial Business

2.Warsame and another (Respondents) v. Mayor etc. of the London Borough of Hounslow (Appellants) (England)—The appeal of the Mayor and Burgesses of the London Borough of Hounslow was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th July next (lodged 26th May).
3.Lister and others (A.P.) (Appellants) v. Hesley Hall Limited (Respondents) (England)—The appeal of Steven Robert Bilcliff and Maurice Christopher Loaring was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th July next (lodged 26th May).
4.Odyssey RE (London) Limited and others (Respondents) v. OIC Run-off Limited (formerly The Orion Insurance Company plc) (Appellants) (England)—The appeal of OIC Run-off Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th July next.

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5.Triffitt Nurseries (a firm) and others (Petitioners) v. Salads Etcetera Limited (in administrative receivership) and others (Respondents)—The petition of Triffitt Nurseries, John Baarda Limited, Natural Salads Limited, Sandy Acre Salads (a firm) and Grootons Nurseries (a firm) praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th May).
6.Regina v. Keyes and others (Petitioners)—The petition of Anthony Matthew Keyes, Thomas Ejedewe and Lorraine Sharon Chapman, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee.
7.Pemberton (Respondent) v. London Borough of Southwark (Petitioners)—It was ordered that the presentation of the petition for leave to appeal on 15th May last be vacated.
8.UCB Home Loans Corporation Limited (Respondents) v. Moore and another (A.P.) (Appellant)—
9.Barclays Bank plc (Respondents) v. Harris and another (A.P.) (Appellant)—
10.National Westminster Bank plc (Respondents) v. Gill and Gill (A.P.) (Appellant)—
11.Midland Bank plc (Respondents) v. Wallace and another (A.P.) (Appellant)—
12.Royal Bank of Scotland (Respondents) v. Etridge (A.P.) (Appellant)—
13.Loftus and others (Respondents) v. Etridge (A.P.) (Appellant) and another—(Conjoined Appeals)—

The petition of the Law Society was presented praying that they might be heard or otherwise intervene in the said appeals (the agents for the appellants and one of the respondents consenting and the agents for the remaining respondents not consenting thereto) and referred to an Appeal Committee.

14.Lubbe (suing as administrator of the estate of Rachel Jacoba Lubbe) and others and another (A.P.) (Appellants) v. Cape plc (Respondents) and 10 other actions—
15.Lubbe and others (Respondents) v. Cape Industries plc (Appellants)—(Consolidated Appeals)—

The appeals were set down for hearing and referred to an Appellate Committee (lodged 31st May).

16.Regina v. Secretary of State for the Home Department (Appellant) ex parte Aitseguer (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 13th July next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 31st May).


17.Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1.Air Services—Exchange of notes between the United Kingdom and Sri Lanka amending the Air Services Agreement; (1st June)
2.Petroleum—Agreement between the United Kingdom and Sweden on the reciprocal holding of stocks of oil and petroleum products; (1st June)
3.Council of Europe—Sixth Protocol to the General Agreement on Privileges and Immunities, together with an explanatory memorandum; (1st June)
4.Human Rights—European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights, together with an explanatory memorandum; (1st June)
5.Armed Forces—Kosovo: Lessons from the Crisis. (5th June)
18.Statutory Instruments (Standing Order 70)—The following instruments, having been laid before the House on the dates shown, were ordered to lie on the Table:

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Negative instruments
Commission Areas (Thames Valley) Order 2000, laid under the Justices of the Peace Act 1997;142926th May
Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2000, laid under the Teaching and Higher Education Act 1998;140726th May
Education (Mandatory Awards) (Amendment) Regulations 2000, laid under the Education Act 1962;142526th May
Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000, laid under the Superannuation Act 1972;141031st May
Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2000, laid under the Public Passenger Vehicles Act 1981;143131st May
(i) Motor Vehicles (Tests) (Amendment) Regulations 2000— 143231st May
(ii) Road Vehicles (Construction and Use) (Amendment) Regulations 2000— 143431st May
(iii) Goods Vehicles (Plating and Testing) (Amendment) Regulations 2000— 143331st May
laid under the Road Traffic Act 1988;
Rail Vehicle Accessibility (Central Trains Class 170/5 and Class 170/6 Vehicles) Exemption Order 2000, laid under the Disability Discrimination Act 1995;14411st June
Employment Code of Practice (Access to Workers during Recognition and Derecognition Ballots) Order 2000, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;14432nd June
Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2000, laid under the Social Security Contributions and Benefits Act 1992;14442nd June
General Teaching Council for England (Constitution) (Amendment) Regulations 2000, laid under the Teaching and Higher Education Act 1998.14472nd June
19.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Contracts (Applicable Law) Act 1990 (Amendment) Order 2000;
2.Draft Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000;
3.Northern Ireland Act 2000 (Restoration of Devolved Government) Order 2000;
4.Northern Ireland Act 2000 (Modification) Order 2000.
20.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Statute made by the University of Cambridge on 11th January 2000, laid under the Universities of Oxford and Cambridge Act 1923;
2.Divorce etc. (Pensions) Regulations (Northern Ireland) 2000, laid under the Matrimonial Causes (Northern Ireland) Order 1978.
21.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Amendments dated 17th May 2000 to the Territorial Army Regulations 1978, laid under the Reserve Forces Act 1996;

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2.Accounts for 1999–2000 of the Criminal Cases Review Commission, together with the Report of the Comptroller and Auditor General, laid under the Criminal Appeal Act 1995;
3.Report and Financial Statements for 1998–99 of Kingston upon Hull Education Action Zone, together with the Report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998;
4.Report for 1999–2000 of the Central Arbitration Committee, laid under the Employment Relations Act 1999.

Private Business

22.Colchester Borough Council Bill [HL]—The petition against the bill from P.B. Forestry Lands Limited (No.1) was withdrawn on 30th May. The order made on 22nd February last was discharged and the bill was committed to an Unopposed Bill Committee.

Public Business

23.Transport Bill—It was moved by the Lord Macdonald of Tradeston 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.

The House was adjourned at ten minutes past ten o’clock
till tomorrow, 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 trusty and well beloved Sebastian Newbold Coe Esquire Officer of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Coe of Ranmore in Our County of Surrey

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 Coe 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 in the afternoon of the sixteenth day of May in the forty-ninth year of Our Reign