House of Lords Journal 234 (Session 2000-01)

Previous Next Page 6 2000-01 Volume 234       Thursday 7 December 2000 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. Acton, L. Addington, L. Ahmed, L. Alderdice, L. Allen of Abbeydale, L. Allenby of Megiddo, V. Alton of Liverpool, L. Amos, B. Ampthill, L. Andrews, B. Anelay of St Johns, B. Archer of Sandwell, L. Ashley of Stoke, L. Astor of Hever, L. Attlee, E. Avebury, L. Bach, L. Bagri, L. Baker of Dorking, L. Barber, L. Barnett, L. Beaumont of Whitley, L. Belstead, L. Berkeley, L. Billingham, B. Bingham of Cornhill, L. Birt, L. Blaker, L. Blatch, B. Blease, L. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Bradshaw, L. Brett, L. Bingham of Cornhill, L. Bridgeman, V. Bridges, L. Brightman, L. Brooke of Alverthorpe, L. Brookman, L. Brooks of Tremorfa, L. Bruce of Donington, L. Burlison, L. Burnham, L. Burns, L. Buscombe, B. Butler of Brockwell, L. Butterworth, L. Campbell of Alloway, L. Campbell of Croy, L. Carter, L. Chalfont, L. Chandos, V. Clarke of Hampstead, L. Cledwyn of Penrhos, L. Clement-Jones, L. Clinton-Davis, L. Clyde, L. Cobbold, L. Cockfield, L. Cocks of Hartcliffe, L. Cohen of Pimlico, B. Colville of Culross, V. Colwyn, L. Cooke of Thorndon, L. Cope of Berkeley, L. Courtown, E. Cox, B. Craig of Radley, L. Crathorne, L. Crawley, B. Crickhowell, L. Croham, L. Cuckney, L. Cumberlege, B. Dahrendorf, 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. Donoughue, L. Dubs, L. Dundee, E. Eatwell, L. Eccles of Moulton, B. Eden of Winton, L. Elder, L. Elles, B. Elliott of Morpeth, L. Elton, L. Evans of Parkside, L. Evans of Temple Guiting, L. Evans of Watford, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Faulkner of Worcester, L. Feldman, L. Fellowes, L. Ferrers, E. Filkin, L. Fitt, L. Flather, B. Fookes, B. Fraser of Carmyllie, L. Gale, B. Gardner of Parkes, B. Geddes, L. Geraint, L. Gibson, L. Gibson of Market Rasen, B. Gladwin of Clee, L. Glentoran, L. Goldsmith, L. Goodhart, L. Goschen, V. Goudie, B. Gould of Potternewton, B. Graham of Edmonton, L. Gray of Contin, L. Greengross, B. Greenway, L. Grenfell, L. Hamwee, B. Hanningfield, L. Hardy of Wath, L. Harris of Greenwich, L. Harris of Haringey, L. Harris of High Cross, L. Harris of Richmond, B. Harrison, L. Haskel, L. Haslam, L. Hayhoe, L. Healey, L. Henley, L. Higgins, L. Hilton of Eggardon, B. Hobhouse of Woodborough, L. Hoffmann, L. Holderness, L. Hollis of Heigham, B. Hooper, B. Hooson, L. Hope of Craighead, L. Howe, E. 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. Hunt of Wirral, L. Hutton, L. Islwyn, L. Jacobs, L. Janner of Braunstone, L. Jay of Paddington, B. Jeger, B. Jellicoe, E. Jenkins of Putney, L. Jopling, L. Kimball, L. King of West Bromwich, L. Kingsland, L. Page 7 2000-01 Volume 234 Back to top Knight of Collingtree, B. Laird, L. Laming, L. Lawson of Blaby, L. Layard, L. Lea of Crondall, L. Lester of Herne Hill, L. Linklater of Butterstone, B. Lipsey, L. Listowel, E. Liverpool, E. Lofthouse of Pontefract, L. Longford, E. Lucas, L. Luke, L. Lyell, L. McColl of Dulwich, L. Macfarlane of Bearsden, L. McIntosh of Haringey, L. McIntosh of Hudnall, B. Mackay of Ardbrecknish, L. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. Mackie of Benshie, L. McNally, L. Maddock, B. Mancroft, L. Mar, C. Mar and Kellie, E. Marlesford, L. Marsh, L. 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. Mitchell, L. Molloy, L. Molyneaux of Killead, L. Monson, L. Montagu of Beaulieu, L. Moore of Wolvercote, L. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mowbray and Stourton, L. Moynihan, L. Murton of Lindisfarne, L. Newby, L. Nicholls of Birkenhead, L. Nickson, L. Nicol, B. Noakes, B. Norfolk, D. Northbourne, L. Northbrook, L. Northesk, E. Northover, B. Norton of Louth, L. O’Neill of Bengarve, B. Oakeshott of Seagrove Bay, L. Onslow, E. Oppenheim-Barnes, B. Orme, L. Oxfuird, V. Palmer, L. Parekh, L. Park of Monmouth, B. Patten, L. Paul, L. Pearson of Rannoch, L. Peel, E. Perry of Southwark, B. Peston, L. Peyton of Yeovil, L. Phillips of Sudbury, L. Pilkington of Oxenford, L. Plant of Highfield, L. Platt of Writtle, B. Plummer of St. Marylebone, L. Portsmouth, Bp. Prashar, B. Prior, L. Prys-Davies, L. Puttnam, L. Quirk, L. Randall of St. Budeaux, L. Rawlings, B. Razzall, L. Rea, L. Redesdale, L. Rees, L. Rees-Mogg, L. Rennard, L. Renton, L. Richard, L. Richardson of Calow, B. Rix, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rogan, L. Rogers of Riverside, L. Roll of Ipsden, L. Roper, L. Rotherwick, L. Russell, E. Ryder of Wensum, L. Saatchi, L. Sainsbury of Turville, L. St. John of Bletso, L. Sanderson of Bowden, L. Sandwich, E. Sawyer, L. Scott of Needham Market, B. Seccombe, B. Selborne, E. Serota, B. Sharp of Guildford, B. Sharples, B. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Shutt of Greetland, L. Simon, V. Simon of Glaisdale, L. Simon of Highbury, L. Skelmersdale, L. Skidelsky, L. Slynn of Hadley, L. Smith of Clifton, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Southwark, Bp. St John of Fawsley, L. Stallard, L. Stewartby, L. Stone of Blackheath, L. Strabolgi, L. Strange, B. Strathclyde, L. Swinfen, L. Taverne, L. Taylor of Blackburn, L. Taylor of Warwick, L. Tebbit, 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. Vinson, L. Waddington, L. Wade of Chorlton, L. Walker of Doncaster, L. Wallace of Saltaire, L. Walmsley, B. Walton of Detchant, L. Warner, L. Warnock, B. Warwick of Undercliffe, B. Watson of Richmond, L. Waverley, V. Weatherill, L. Whitaker, B. Wigoder, L. Wilberforce, L. Wilcox, B. Wilkins, B. Williams of Mostyn, L. Williamson of Horton, L. Willoughby de Broke, L. Woolmer of Leeds, L. Wright of Richmond, L. Page 8 2000-01 Volume 234 Back to top PRAYERS were read by the Lord Bishop of Southwark. Judicial Business 1. Regina v. Secretary of State for the Environment, Transport and the Regions and another (Appellants) ex parte Spath Holme Limited (Respondents)—The 1st Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 30th July 1999 be set aside save as to costs and that the Order of Mr Justice Latham of 16th March 1999 be restored save as to costs and that the application for judicial review be dismissed; and that the appellants do pay to the respondents their costs before this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. 2. Whistler International Limited (Respondents) v. Kawasaki Kisen Kaisha Limited (Appellants)—The 2nd Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 20th May 1999 and the Order of Mr Justice Clarke of 24th March 1998 be set aside and that the Award of the Arbitrators of 7th April 1997 be restored; and that the Respondents do pay to the Appellants their costs before the Queen’s Bench Division, such costs to include any sums which the Appellants were ordered to pay in respect of the costs of Tokai Shipping Company Limited, 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. Regina v. Secretary of State for Health and others (Respondents) ex parte Imperial Tobacco Limited and others (Appellants)—The 3rd Report from the Appellate Committee was agreed to; it was ordered and adjudged that paragraph 2 of the Order of the Court of Appeal of 16th December 1999 be set aside; and that the respondents do pay to the appellants their costs 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. 4. Griffin (Her Majestys Inspector of Taxes) (Petitioner) v. Citibank Investments Limited (Respondents)—The petition of William Astley George Griffin praying for leave for an appeal to be brought direct from the High Court of Justice in accordance with Part II of the Administration of Justice Act 1969 was presented and referred to an Appeal Committee (lodged 4th December). The House was adjourned during pleasure. The House was resumed. Papers 5. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Competition Commission—A report on the proposed merger of British United Provident Association Limited and Community Hospitals Group plc; and a report on the existing mergers of British United Provident Association Limited, Salomon International LLC and Community Hospitals Group plc; and Salomon International LLC and Community Hospitals Group plc;   (5003) 2. Work and Family—Work and Parents, Competitiveness and Choice, a Green Paper.   (5005) 6. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Education (New Procedures for Property Transfers) Regulations 2000, laid under the School Standards and Framework Act 1998;   (3209) 2. Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) (INF Code) Regulations 2000, laid under the Merchant Shipping Act 1995;   (3216) 3. Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2000, laid under the Finance Act 1973;   (3207) 4. Motor Vehicles (Driving Licenses) (Amendment) (No. 2) Regulations 2000, laid under the Road Traffic Act 1988;   (3157) 5. General Chiropractic Council (Health Appeal Tribunal) Rules Order of the Council 2000, laid under the Chiropractors Act 1994;   (3214) 6. Gas Act 1986 (Exemptions) (No. 4) (Amendment) Order 2000, laid under the Gas Act 1986;   (3206) 7. (i) Rail Vehicle Accessibility (Amendment) Regulations 2000, (3215) (ii) Rail Vehicle Accessibility (The Chiltern Railway Company Limited Class 168/1 Vehicles) Exemption (No. 2) (Amendment) Order 2000, (3218) (iii) Rail Vehicle Accessibility (South West Trains Class 170/3 Vehicles) Exemption (Amendment) Order 2000, (3217)   laid under the Disability Discrimination Act 1995; Page 9 2000-01 Volume 234 Back to top 8. Statute made by St. Hilda’s College, Oxford on 26th June 2000, laid under the Universities of Oxford and Cambridge Act 1923.   (—) 7. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Birth statistics: Review of the Registrar General on births and patterns of family building in England and Wales 1999, laid under the Registration Service Act 1953; 2. Report 1999–2000 of the Charity Commissioners for England and Wales, laid under the Charities Act 1993; 3. Report and Accounts 1999–2000 of the Human Fertilisation and Embryology Authority, laid under the Human Fertilisation and Embryology Act 1990; 4. Report and Accounts 1999–2000 of the Scottish Transport Group, laid under the Transport Act 1962; 5. Report 1999–2000 of the Post Office Users’ Council for Northern Ireland, laid under the Post Office Act 1969; 6. Accounts 1999–2000 of the National Lottery Commission, together with the Report of the Comptroller and Auditor General, laid under the National Lottery Act 1998; 7. Accounts 1999–2000 of the Police Information Technology Organisation, together with the Report of the Comptroller and Auditor General, laid under the Police Act 1997; 8. Minute by the Secretary of State for the Environment, Transport and the Regions concerning a Contingent Liability entered into by the Chief Executive of the Housing Corporation to Guarantee an Overdraft in Favour of West Hampstead Housing Association, laid under the Housing Associations Act 1985; 9. Past Masters, Present Delights: Review and Report 1999–2000 of the Churches Conservation Trust, laid under the Pastoral Measure 1983. Public Business 8. Criminal Defence Service (Advice and Assistance) Bill [HL]—A bill to clarify the extent of the duty of the Legal Services Commission under section 13(1) of the Access to Justice Act 1999 was presented by the Lord Bach, read a first time and ordered to be printed. (HL Bill 1) 9. Criminal Defence Service (Advice and Assistance) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 1–EN) 10. Regulatory Reform Bill [HL]—A bill to enable provision to be made for the purpose of reforming legislation which has the effect of imposing burdens affecting persons in the carrying on of any activity and to enable codes of practice to be made with respect to the enforcement of restrictions, requirements or conditions was presented by the Lord Burlison, on behalf of the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 2) 11. Regulatory Reform Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 2—EN) 12. Special Educational Needs and Disability Bill [HL]—A bill to amend Part IV of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes was presented by the Lord Davies of Oldham, on behalf of the Baroness Blackstone, read a first time and ordered to be printed. (HL Bill 3) 13. Special Educational Needs and Disability Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed (HL Bill 3–EN). 14. Private Security Industry Bill [HL]—A bill to make provision for the regulation of the private security industry was presented by the Lord Davies of Oldham, on behalf of the Lord Bassam of Brighton, read a first time and ordered to be printed. (HL Bill 4) 15. Private Security Industry Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 4–EN) 16. Committee of Selection—It was moved by the Chairman of Committees that in accordance with Standing Order 63 a Committee of Selection be appointed to select and propose to the House the names of the Lords to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body not being a select committee referred to it by the Chairman of Committees, and the panel of Deputy Chairmen of Committees; and that the following Lords together with the Chairman of Committees be named of the Committee: B. Amos B. Blatch L. Carter L. Craig of Radley L. Harris of Greenwich L. Henley B. Jay of Paddington (Lord Privy Seal) L. Rodgers of Quarry Bank L. Strathclyde V. Tenby; the motion was agreed to. Page 10 2000-01 Volume 234 Back to top 17. The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned to Monday next. The House was adjourned at ten minutes before seven o’clock to Monday next, half-past two o’clock.