House of Lords Journal 234 (Session 2000-01)

Previous Next Thursday 14 December 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. Alderdice, L. Allenby of Megiddo, V. Amos, B. Ampthill, L. Andrews, B. Anelay of St Johns, B. Archer of Sandwell, L. Arran, E. Ashley of Stoke, L. Astor of Hever, L. Attlee, E. Avebury, L. Bach, L. Baker of Dorking, L. Baldwin of Bewdley, E. Bassam of Brighton, L. Beaumont of Whitley, L. Berkeley, L. Bernstein of Craigweil, L. Billingham, B. Bingham of Cornhill, L. Blackstone, B. Blaker, L. Blatch, B. Blease, L. Boardman, L. Borrie, L. Boston of Faversham, L. Brabazon of Tara, L. Bradshaw, L. Bragg, L. Bramall, L. Brennan, L. Bridgeman, V. Bridges, L. Brightman, L. 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. Butler of Brockwell, L. Butterworth, L. Caithness, E. Campbell of Alloway, L. Campbell of Croy, L. Carlisle of Bucklow, L. Carnegy of Lour, B. Carr of Hadley, L. Carter, L. Castle of Blackburn, B. Chadlington, L. Chalfont, L. Chandos, V. Clarke of Hampstead, L. Clement-Jones, L. Clinton-Davis, L. Clyde, L. Cockfield, L. Cocks of Hartcliffe, L. Colville of Culross, V. Colwyn, L. Cooke of Thorndon, L. Cope of Berkeley, L. Courtown, E. Craig of Radley, L. Craigavon, V. Crathorne, L. Crickhowell, L. Cuckney, L. Cumberlege, B. Currie of Marylebone, L. Dahrendorf, L. David, B. Davies of Coity, L. Davies of Oldham, L. Dean of Harptree, L. Page 25 2000-01 Volume 234       Dean of Thornton-le-Fylde, B. Denham, L. Desai, L. Dholakia, L. Dixon, L. Dixon-Smith, L. Donoughue, L. Dubs, L. Dundee, E. Eccles of Moulton, B. Eden of Winton, L. Elder, L. Elis-Thomas, L. Elles, B. Elliott of Morpeth, L. Elton, L. Erroll, E. Evans of Parkside, L. Evans of Temple Guiting, L. Evans of Watford, L. Ezra, L. Falconer of Thoroton, L. Falkender, B. Falkland, V. Farrington of Ribbleton, B. Faulkner of Worcester, L. Feldman, 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 of Market Rasen, B. Gilbert, L. Gilmour of Craigmillar, L. Gladwin of Clee, L. Glenarthur, L. Glentoran, L. Goff of Chieveley, L. Goldsmith, L. Goodhart, L. Goschen, V. Goudie, B. Gould of Potternewton, B. Graham of Edmonton, L. Greaves, 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 Richmond, B. Harrison, L. Hayhoe, L. Hayman, B. Henley, L. Higgins, L. Hilton of Eggardon, B. Hobhouse of Woodborough, L. Hodgson of Astley Abbotts, L. Hogg, B. 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. Hurd of Westwell, L. Hussey of North Bradley, L. Hutton, L. Islwyn, L. Janner of Braunstone, L. Jeger, B. 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. Lawson of Blaby, L. Layard, L. Lea of Crondall, L. Levene of PortSoken, L. Lipsey, L. Listowel, E. Liverpool, E. Lockwood, B. Lofthouse of Pontefract, L. Longford, E. Lucas, L. Luke, L. Lyell, L. McColl of Dulwich, L. Macdonald of Tradeston, L. McIntosh of Haringey, L. McIntosh of Hudnall, B. Mackay of Ardbrecknish, L. Mackay of Clashfern, L. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. MacLaurin of Knebworth, L. McNally, L. Maddock, B. Mancroft, L. Mar and Kellie, E. Marlesford, L. Marsh, L. Mason of Barnsley, L. Massey of Darwen, B. Mayhew of Twysden, L. Miller of Hendon, B. Millett, L. Mishcon, L. Mitchell, L. Molloy, L. Molyneaux of Killead, L. Monson, L. Montagu of Beaulieu, L. Moore of Wolvercote, L. Morris of Manchester, L. Mowbray and Stourton, L. Moynihan, L. Murton of Lindisfarne, L. Newby, L. Newton of Braintree, L. Nicol, B. Noakes, B. Northesk, E. Northover, B. O’Cathain, B. Oliver of Aylmerton, L. Onslow, E. Oppenheim-Barnes, B. Orme, L. Oxfuird, V. Palmer, L. Park of Monmouth, B. Patel of Blackburn, L. Patten, L. Paul, L. Pearson of Rannoch, L. Peel, E. Perry of Southwark, B. Peston, L. Phillips of Sudbury, L. Pilkington of Oxenford, L. Pitkeathley, B. Plant of Highfield, L. Platt of Writtle, B. Plummer of St. Marylebone, L. Powell of Bayswater, L. Prashar, B. Prys-Davies, L. Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rawlings, B. Razzall, L. Rea, L. Redesdale, L. Rees, L. Rendell of Babergh, B. Rennard, L. Renton, L. Renton of Mount Harry, L. Richard, L. Richardson of Calow, B. Rix, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Rogan, L. Roper, L. Rosslyn, E. Rotherwick, L. Russell, E. Ryder of Wensum, L. St. John of Bletso, L. Sandwich, E. Sawyer, L. Scotland of Asthal, B. Scott of Needham Market, B. Seccombe, B. Selsdon, L. Serota, B. Sharman, L. Page 26 2000-01 Volume 234 Back to top Sharp of Guildford, B. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Shutt of Greetland, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Slim, V. Smith of Clifton, L. Smith of Gilmorehill, B. Soulsby of Swaffham Prior, L. Southwark, Bp. St John of Fawsley, L. Stallard, L. Stern, B. Stevens of Ludgate, L. Stewartby, L. Steyn, L. Stoddart of Swindon, L. Strabolgi, L. Strange, B. Strathclyde, L. Swinfen, L. Symons of Vernham Dean, B. Tanlaw, L. Taverne, L. Taylor of Blackburn, L. Taylor of Warwick, L. Tenby, V. Thomas of Gresford, L. Thomas of Gwydir, L. Thomson of Monifieth, L. Thornton, B. Tombs, L. Tomlinson, L. Tope, L. Trefgarne, L. Trumpington, B. Tugendhat, L. Turnberg, L. Turner of Camden, B. Uddin, B. Waddington, L. Wade of Chorlton, L. Walker of Doncaster, L. Walmsley, B. Warner, L. Warwick of Undercliffe, B. Watson of Richmond, L. Weatherill, L. Wedderburn of Charlton, L. Whitaker, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Wilkins, B. Williams of Elvel, L. Williams of Mostyn, L. Williamson of Horton, L. Wilson of Tillyorn, L. Winston, L. Woolmer of Leeds, L. Wright of Richmond, L. Young, B. PRAYERS were read by the Lord Bishop of Southwark. Judicial Business 1. Johnson (AP) (Original Appellant and Cross-Respondent) v. Gore Wood & Co (a firm) (Original Respondents and Cross-Appellants)—It was moved by the Lord Bingham of Cornhill, That the 4th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 17th December 1998 and the Order of Mr Justice Pumfrey of 21st May 1998 be set aside; that the appeal be allowed and the cross-appeal dismissed, save that paragraphs 8 (except the last sentence thereof), 10 and 13 of the Schedule of Loss served pursuant to an order of the 16th October 1998 and paragraph 24 of the re-amended statement of claim of 31st March 1994 be struck out; that the original respondents do pay to the original appellants their costs before Mr Justice Pumfrey, in the Court of Appeal and before this House, to include the costs of the appeal and cross-appeal, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988. 2. Regina v. Forbes (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—It was moved by the Lord Bingham of Cornhill, That the 5th Report from the Appellate Committee (HL Paper 4) be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 30th April 1999 be affirmed and the appeal dismissed; and that the certified question be answered in the affirmative. 3. Attorney General’s Reference No. 3 of 1999—It was moved by the Lord Steyn, That the 6th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Opinion of the Court of Appeal of 26th May 2000 be set aside and that the reference be answered in accordance with the Opinions expressed in this House; and that the costs of the respondent in the Court of Appeal and before this House be paid out of Central Funds in accordance section 36(5) of the Criminal Justice Act 1972, the amount thereof to be certified by the Clerk of the Parliaments. 4. Halfpenny (Respondent) v. IGE Medical Systems Limited (Appellants)—It was moved by the Lord Hope of Craighead, That the 7th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 18th December 1998, the decision of the Employment Appeal Tribunal of 14th July 1997 and the decision of the Industrial Tribunal of 3rd September 1996 be set aside; that the respondent’s claims for wrongful dismissal and under the Sex Discrimination Act 1975 be dismissed; that the cause be remitted to the Employment Tribunal for consideration in the light of the Opinions expressed in this House; and that there be no order as to costs in the Court of Appeal and before this House. 5. Alexander (Petitioner) v. Philips Electronics (UK) Limited (Respondents)—The petition of Anthony Alexander praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. 6. Halifax plc (Respondents) v. Alexander (Petitioner)—The petition of Anthony Alexander praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. Page 27 2000-01 Volume 234 Back to top 7. Appeal Committee—The following Order was made pursuant to the 80th Report, Session 1999–2000— Heaton and others (Respondents) v. Axa Equity & Law Life Assurance Society plc and others (Petitioners) and others—That leave to appeal be given; and that the petition of appeal be lodged by 4th January next. 8. Appeal Committee—The following Order was made pursuant to the 83rd Report, Session 1999–2000— Regina v. Independent Television Commission (Petitioners) ex parte TV Danmark 1 Limited (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 4th January next. 9. Appeal Committee—The 4th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made— Sinochem International Oil (London) Co Limited (Petitioners) v. Mobil Sales and Supply Corporation (Respondents) and others—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. El Naschie and another (Petitioners) v. Pitt Place (Epsom) Limited (Respondents)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. The House was adjourned during pleasure. The House was resumed. Papers 10. Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table: Bloody Sunday—Minute from the Northern Ireland Office concerning the Bloody Sunday Inquiry: Legal Indemnity. (—) 11. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: Draft European Communities (Definition of Treaties) (The Convention on Mutual Assistance and Co-operation between Customs Administrations (Naples II)) Order 2001. 12. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Northern Ireland Act 1998 (Modification) (No. 2) Order 2000, laid under the Northern Ireland Act 1998;   (3254) 2. Local Authorities (Capital Finance and Accounts) (England) Regulations 2000, laid under the Local Government and Housing Act 1989;   (3237) 3. Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2000, laid under the Judicature (Northern Ireland) Act 1978; 4. Motor Vehicles (Type Approval of Reduced Pollution Adaptations) (Amendment) Regulations 2000, laid under the Road Traffic Act 1988;   (3275) 5. Vehicle Excise Duty (Reduced Pollution) (Amendment) Regulations 2000, laid under the Vehicle Excise and Registration Act 1994;   (3274) 6. (i) Enforcement of Warrants (Disclosure of Information) Order 2000— (3277) (ii) Magistrates’ Courts Warrants (Specification of Provisions) Order 2000— (3278) (iii) Approval of Enforcement Agencies Regulations 2000— (3279)   laid under the Magistrates’ Courts Act 1980. 13. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. (i) Accounts for 1999–2000 of the Consolidated Fund and National Loans Fund, together with the Report of the Comptroller and Auditor General— (ii) Supplementary Statements on the Accounts for 1999–2000 of the Consolidated Fund and National Loans Fund—   laid under the National Loans Act 1968; 2. Naval and Marine Pay and Pensions (Pay and Allowances) Order 2000, laid under the Naval and Marine Pay and Pensions Act 1865; 3. Accounts for 1999–2000 of the Research Councils’ Pension Schemes, together with the Report of the Comptroller and Auditor General, laid under the Science and Technology Act 1965; Page 28 2000-01 Volume 234 Back to top 4. Draft Code of Practice for the Audio Recording of Interviews, laid under the Terrorism Act 2000; 5. Report and Accounts for 1999–2000 of the Football Licensing Authority, laid under the Football Spectators Act 1989. Public Business 14. Culture and Recreation Bill [HL]—A bill to make further provision in relation to the safety of sports grounds and the arrangements to be made for or in connection with spectators at certain football matches; to make further provision in relation to the regulation of royal parks and the functions of the Historic Buildings and Monuments Commission for England; to make further provision in relation to culture, films, libraries, museums and galleries; to make further provision in relation to the Osborne Estate, public statues in Greater London, and certain bodies established by the Development of Tourism Act 1969; to make provision relating to the Superannuation Act 1972 in connection with culture or recreation; and for connected purposes was presented by the Lord McIntosh of Haringey, read a first time and ordered to be printed. (HL Bill 7) 15. Culture and Recreation Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 7–EN) 16. International Criminal Court Bill [HL]—A bill to give effect to the Statute of the International Criminal Court; to provide for offences under the law of England and Wales and Northern Ireland corresponding to offences within the jurisdiction of that Court; and for connected purposes was presented by the Baroness Scotland of Asthal, read a first time and ordered to be printed. (HL Bill 8) 17. International Criminal Court Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 8–EN) 18. European Union (Implications of Withdrawal) Bill [HL]—A bill to establish a Committee of Inquiry into the implications of a withdrawal by the United Kingdom from the European Union was presented by the Lord Pearson of Rannoch, read a first time and ordered to be printed. (HL Bill 9) 19. Business of the House—It was moved by the Lord Williams of Mostyn, on behalf of the Baroness Jay of Paddington, that, unless any Lord objects, leave be given to the Chairman of Committees to move the seven motions standing in his name en bloc; the motion was agreed to. 20. Deputy Chairmen of Committees—It was moved by the Chairman of Committees that the Lord Boston of Faversham be appointed to the panel of Deputy Chairmen of Committees for this Session; the motion was agreed to. 21. Hybrid Instruments—It was moved by the Chairman of Committees that a Select Committee be appointed to consider hybrid instruments and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee: L. Burnham L. Campbell of Alloway E. Courtown V. Craigavon L. King of West Bromwich B. Thomas of Walliswood B. Wilkins; the motion was agreed to. 22. Personal Bills—It was moved by the Chairman of Committees that a Select Committee be appointed to consider personal bills and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee: L. Hogg of Cumbernauld B. Knight of Collingtree L. Sandberg L. Templeman L. Wilberforce; the motion was agreed to. 23. Standing Orders (Private Bills)—It was moved by the Chairman of Committees that a Select Committee on the Standing Orders relating to private bills be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee: B. Ashton of Upholland L. Brett V. Bridgeman L. Brougham and Vaux L. Greaves E. Liverpool E. Sandwich; the motion was agreed to. Page 29 2000-01 Volume 234 Back to top 24. Statutory Instruments—It was moved by the Chairman of Committees that the Lord Lea of Crondall be appointed a member of the Joint Committee in the place of the Lord Walker of Doncaster; the motion was agreed to. 25. Parliamentary Office of Science and Technology (POST)—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed to serve as members of the Board of the Parliamentary Office of Science and Technology (POST): E. Erroll L. Flowers L. Oxburgh L. Winston; the motion was agreed to. 26. Parliamentary Broadcasting Unit Limited (PARBUL)—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be named as members of the Parliamentary Broadcasting Unit Limited (PARBUL): L. Burnham L. Mackay of Ardbrecknish L. Morris of Castle Morris L. Thomson of Monifieth; the motion was agreed to. 27. Millennium Commission (Substitution of a Later Date) Order 2000—It was moved by the Lord McIntosh of Haringey, that the draft Order laid before the House on 23rd November be approved; then it was moved by the Baroness Anelay of St Johns, as an amendment thereto, to leave out all the words after “That” and insert “this House calls on Her Majesty’s Government to withdraw the draft Millennium Commission (Substitution of a Later Date) Order 2000, unless they give a clear undertaking to the House that no additional money beyond that already reported to Parliament will be paid to the New Millennium Experience Company or to any other body which may have responsibility for the Millennium Dome or be its proprietor.”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to. 28. Apportionment of Money in the National Lottery Distribution Fund Order 2000—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 23rd November be approved; after debate, the motion was agreed to. 29. Common European Policy on Security and Defence (EUC Report)—It was moved by the Baroness Hilton of Eggardon that this House takes note of the Report of the European Union Committee on The Common European Policy on Security and Defence (15th Report, Session 1999–2000, HL Paper 101); after debate, the motion was agreed to. The House was adjourned at five minutes before eight o’clock to Monday next, half-past two o’clock.