House of Lords Journal 234 (Session 2000-01)

Previous Next Monday 18 December 2000 The House met at half-past two o’clock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L. (Lord Chancellor) Ackner, L. Addington, L. Ahmed, L. Allen of Abbeydale, L. Allenby of Megiddo, V. Alli, L. Amos, B. Ampthill, L. Anelay of St Johns, B. Archer of Sandwell, L. Astor, V. Astor of Hever, L. Attlee, E. Avebury, L. Baker of Dorking, L. Baldwin of Bewdley, E. Barnett, L. Bassam of Brighton, L. Bath and Wells, Bp. Beaumont of Whitley, L. Belstead, L. Berkeley, L. Blatch, B. Borrie, L. Boston of Faversham, L. Brabazon of Tara, L. Bragg, L. Brennan, L. Brett, L. 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. Buscombe, B. Butterworth, L. Caithness, E. Campbell of Alloway, L. Campbell of Croy, L. Carlisle of Bucklow, L. Carter, L. Cavendish of Furness, L. Chalfont, L. Chichester, Bp. Clarke of Hampstead, L. Clement-Jones, L. Clinton-Davis, L. Clyde, L. Cockfield, L. Cocks of Hartcliffe, L. Colwyn, L. Cooke of Thorndon, L. Cope of Berkeley, L. Courtown, E. Cox, B. Craig of Radley, L. Page 30 2000-01 Volume 234       Crathorne, L. Crickhowell, 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. Desai, L. Dholakia, L. Dixon, L. Dixon-Smith, L. Donoughue, L. Dubs, L. Eatwell, L. Eden of Winton, L. Elder, L. Elis-Thomas, L. Elles, B. Elliott of Morpeth, L. Elton, L. Evans of Temple Guiting, L. Evans of Watford, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Faulkner of Worcester, L. Ferrers, E. Filkin, L. Fitt, L. Flather, B. Fookes, B. Fraser of Carmyllie, L. Freeman, L. Freyberg, L. Gale, B. Gardner of Parkes, B. Geddes, L. Geraint, L. Gilmour of Craigmillar, L. Gladwin of Clee, L. Goodhart, L. Gordon of Strathblane, L. Goschen, V. Gould of Potternewton, B. Grabiner, L. Graham of Edmonton, L. Gray of Contin, L. Greengross, B. Greenway, L. Grenfell, L. Griffiths of Fforestfach, L. Hanham, B. Hardy of Wath, L. Harris of Greenwich, L. Harris of Haringey, L. Harris of High Cross, L. Harrison, L. Hayhoe, L. Henley, L. Higgins, L. Hilton of Eggardon, B. Hogg, B. Hogg of Cumbernauld, L. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. Hooper, B. 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. Hurd of Westwell, L. Islwyn, L. Janner of Braunstone, L. Jay of Paddington, B. Jeger, B. Jenkins of Putney, L. Jopling, L. Kimball, L. King of West Bromwich, L. Kingsland, L. Knight of Collingtree, B. Laming, L. Lamont of Lerwick, L. Layard, L. Lea of Crondall, L. Lipsey, L. Lofthouse of Pontefract, L. Longford, E. Luke, L. Lyell, L. McColl of Dulwich, L. Mackay of Ardbrecknish, L. McIntosh of Haringey, L. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. Mackie of Benshie, L. McNally, L. Maddock, B. Mancroft, L. Mar, C. Marlesford, L. Mason of Barnsley, L. Massey of Darwen, B. Merlyn-Rees, L. Methuen, L. Miller of Hendon, B. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monro of Langholm, L. Monson, L. Montagu of Beaulieu, L. Moore of Wolvercote, L. Morris of Manchester, L. Murton of Lindisfarne, L. Newby, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Noakes, B. Northbrook, L. Northesk, E. Northover, B. O’Neill of Bengarve, B. Orme, L. Owen, L. Park of Monmouth, B. Paul, L. Pearson of Rannoch, L. Perry of Southwark, B. Peston, L. Peyton of Yeovil, L. Phillips of Sudbury, L. Pilkington of Oxenford, L. Plant of Highfield, L. Plumb, L. Ponsonby of Shulbrede, L. Prashar, B. Prys-Davies, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rawlings, B. Rea, L. Reay, L. Redesdale, L. Renton, L. Richardson of Calow, B. Rix, L. Rodgers of Quarry Bank, L. Roll of Ipsden, L. Roper, L. Rotherwick, L. Russell, E. Ryder of Wensum, L. Sandwich, E. Sawyer, L. Scott of Needham Market, B. Seccombe, B. Selborne, E. Sewel, L. Sharples, B. Shaw of Northstead, L. Shepherd, L. Sheppard of Didgemere, L. Shore of Stepney, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slim, V. Smith of Clifton, L. Soulsby of Swaffham Prior, L. Southwark, Bp. St John of Fawsley, L. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stone of Blackheath, L. Strabolgi, L. Strathclyde, L. Swinfen, L. Taverne, L. Taylor of Blackburn, L. Tenby, V. Thomas of Gresford, L. Thomas of Swynnerton, L. Thomson of Monifieth, L. Thornton, B. Tomlinson, L. Tordoff, L. Trumpington, B. Turnberg, L. Turner of Camden, B. Uddin, B. Varley, L. Vinson, L. Page 31 2000-01 Volume 234 Back to top Waddington, L. Wakeham, L. Walker of Doncaster, L. Walker of Worcester, L. Walpole, L. Walton of Detchant, L. Warner, L. Warwick of Undercliffe, B. Waverley, V. Weatherill, L. Wedderburn of Charlton, L. Whitaker, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Williamson of Horton, L. Wilson of Tillyorn, L. Windlesham, L. Winston, L. Wolfson, L. Woolmer of Leeds, L. Wright of Richmond, L. Young, B. PRAYERS were read by the Lord Bishop of Bath and Wells. Judicial Business 1. Cape & Dalgleish (a firm) (Respondents) v. Fitzgerald (Petitioner) and others—The petition of David Fitzgerald praying for leave to appeal was presented and referred to an Appeal Committee (lodged 14th December). 2. Regina v. Weir (Respondent)—The petition of the Crown Prosecution Service, praying for an extension of time within which the petition may be lodged and for leave to appeal notwithstanding the provisions of section 34 of the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee. 3. Odyssey RE (London) Limited and others (Respondents) v. OIC Run-off Limited (formerly The Orion Insurance Company plc) (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 26th January next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 14th December). 4. Mohamed (Respondent) v. London Borough of Hammersmith and Fulham (Appellants)— It was ordered that the appeal be dismissed in accordance with Standing Order V, the appellants having failed to give security for costs by 13th December. 5. Barclays Bank plc (Respondents) v. Coleman and another (FC) (Petitioner)—The petitioners certificate of public funding was lodged. 6. Appeal Committee—The 5th Report from the Appeal Committee was agreed to and the following Orders were made— Khodaparast (Respondent) v. Shad (Petitioner)—That leave to appeal be refused. Tengerakis and another (Petitioners) v. London Borough of Haringey (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Di Blasi (Petitioner) v. Murri (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Trustor (a Swedish limited company) (Respondents) v. Smallbone (Petitioner) and others—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. In re Wine Inns Limited (Northern Ireland)—That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Kuwait Oil Tanker Company SAK and others (Respondents) v. Al Bader and another (Petitioners) and others—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Papers 7. 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. Health—Amendments to Articles 24 and 25 of the Constitution of the World Health Organisation, together with an explanatory memorandum; (15th December)   (5011) 2. Atomic Energy—Agreement between the United Kingdom, Germany and the Netherlands on the one part and the United States of America on the other part, regarding the Establishment, Construction and Operation of a Uranium Enrichment Installation in the United States; (15th December)   (5009) Page 32 2000-01 Volume 234 Back to top 3. Disarmament—Explanatory Memorandum on the African Nuclear-Weapon-Free-Zone Treaty (The Treaty of Pelindaba), laid before Parliament on 20th December 1996 (Cm-3498); (15th December)   (—) 4. Health— (i) Review Body on Doctors’ and Dentists’ Remuneration: Thirteenth Report 2001; (18th December) (4998) (ii) Review Body for Nursing Staff, Midwives, Health Visitors and Professions Allied to Medicine: Eighteenth Report on Professions Allied to Medicine 2001; (18th December) (4992) (iii) Review Body for Nursing Staff, Midwives, Health Visitors and Professions Allied to Medicine: Eighteenth Report on Nursing Staff, Midwives and Health Visitors 2001. (18th December) (4991) 8. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table: Draft Terrorism Act 2000 (Code of Practice on Audio Recording of Interviews) Order 2001. 9. Statutory Instrument (Standing Order 70)—The following negative instrument, having been laid before the House on 15th December, was ordered to lie on the Table: Civil Aviation (Joint Financing) (Third Amendment) Regulations 2000, laid under the Civil Aviation Act 1982. (3276) 10. Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table: Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2000, laid under the Prosecution of Offences Act 1985. (3284) 11. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Accounts 1999–2000 for sums recovered by the Secretary of State for Trade and Industry under Orders made under the Industrial Organisation and Development Act 1947, together with the Report of the Comptroller and Auditor General, laid under the Industrial Organisation and Development Act 1947; 2. Genetically Modified Organisms (Deliberate Release and Marketing) Fees and Charges Scheme 2001, laid under the Environmental Protection Act 1990. Select Committee Reports 12. Delegated Powers and Deregulation—The following reports from the Select Committee were made and ordered to be printed: 2nd Report, on the Regulatory Reform Bill [HL]; (HL Paper 8) 3rd Report, on the following bills:   Private Security Industry Bill [HL];   Special Educational Needs and Disability Bill [HL];   Criminal Defence Service (Advice and Assistance) Bill [HL];   Parliament Acts (Amendment) Bill [HL]. (HL Paper 9) 13. Statutory Instruments—The minutes of proceedings of the Joint Committee for Session 1999–2000 were ordered to be printed. (HL Paper 10) Private Business 14. Private Bills—The Examiners’ certificates that the Standing Orders applicable to the petitions for the following bills have been complied with were delivered and ordered to lie on the Table: Barclays Group Reorganisation; National Australia Group Europe. Public Business 15. Social Security Fraud [HL]—A bill to make provision, for the purposes of the law relating to social security, about the obtaining and disclosure of information; and to make provision for restricting the payment of social security benefits and war pensions in the case of persons convicted of offences relating to such benefits or pensions and about the institution of proceedings for such offences; and for connected purposes was presented by the Baroness Hollis of Heigham, read a first time and ordered to be printed. (HL Bill Bill 10) Page 33 2000-01 Volume 234 Back to top 16. Social Security Fraud Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 10–EN) 17. Private Security Industry Bill [HL]—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. 18. Sudan—The Baroness Cox asked Her Majesty’s Government what is their response to recent developments in Sudan; after debate, the question was answered by the Lord Carter. The House was adjourned at twenty minutes past six o’clock till tomorrow, two o’clock for judicial business, half-past two o’clock for public business.