House of Lords Journal 234 (Session 2000-01)

Previous Next Page 95 2000-01 Volume 234       Wednesday 31 January 2001 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. Allenby of Megiddo, V. Alli, L. Alton of Liverpool, L. Amos, B. Ampthill, L. Andrews, B. Anelay of St Johns, B. Archer of Sandwell, L. Arran, E. Ashcroft, L. Astor of Hever, L. Attlee, E. Avebury, L. Baker of Dorking, L. Barker, B. Barnett, L. Bassam of Brighton, L. Beaumont of Whitley, L. Berkeley, L. Biffen, L. Blackwell, L. Blaker, L. Blatch, B. Boardman, L. Boothroyd, B. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Bradshaw, L. Brennan, L. Bridgeman, V. Bridges, 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. Butterworth, L. Buxton of Alsa, L. Byford, B. Caithness, E. Campbell of Alloway, L. Campbell of Croy, L. Carlile of Berriew, L. Carlisle of Bucklow, L. Carnarvon, E. Carr of Hadley, L. Carrington, L. Carter, L. Carver, L. Chalfont, L. Chichester, Bp. Clarke of Hampstead, L. Clement-Jones, L. Clinton-Davis, L. Cockfield, L. Cocks of Hartcliffe, L. Cohen of Pimlico, B. Colwyn, L. Cope of Berkeley, L. Courtown, E. Craig of Radley, L. Cranborne, V. Crathorne, L. Crawley, B. 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. Dean of Thornton-le-Fylde, B. Denham, L. Desai, L. Dholakia, L. Dixon, L. Dixon-Smith, L. Donoughue, L. Dormand of Easington, L. Dubs, L. Dundee, E. Eden of Winton, L. Elder, L. Elliott of Morpeth, L. Elton, L. Evans of Parkside, L. Evans of Temple Guiting, L. Evans of Watford, L. Ezra, L. Falconer of Thoroton, L. Falkland, V. Farrington of Ribbleton, B. Faulkner of Worcester, L. Fitt, L. Flather, B. Fookes, B. Freyberg, L. Fyfe of Fairfield, L. Gale, B. Geddes, L. Geraint, L. Gibson of Market Rasen, B. Gladwin of Clee, L. Glenarthur, L. Glentoran, L. Goldsmith, L. Goodhart, L. Goschen, V. Goudie, B. Gould of Potternewton, B. Grabiner, L. Graham of Edmonton, L. Gray of Contin, L. Greaves, L. Greengross, B. Greenway, L. Gregson, L. Grenfell, L. Hanham, B. Hanningfield, L. Hardy of Wath, L. Harris of Haringey, L. Harris of Richmond, B. Haskel, L. Haslam, L. Hayhoe, L. Henley, L. Hereford, Bp. Higgins, L. Hilton of Eggardon, B. Hoffmann, L. Hogg of Cumbernauld, L. Holme of Cheltenham, L. Hooson, L. Hope of Craighead, L. Howe, E. Howe of Aberavon, L. 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. Hutchinson of Lullington, L. Hylton, L. Islwyn, L. Janner of Braunstone, L. Jay of Paddington, B. Jellicoe, E. Jenkins of Hillhead, L. Jenkins of Putney, L. Jopling, L. Judd, L. Kennedy of The Shaws, B. Kimball, L. Kingsland, L. Kirkhill, L. Laing of Dunphail, L. Laird, L. Lamont of Lerwick, L. Lane of Horsell, L. Page 96 2000-01 Volume 234 Back to top Lang of Monkton, L. Lawson of Blaby, L. Lester of Herne Hill, L. Lindsay, E. Linklater of Butterstone, B. 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. Macfarlane of Bearsden, L. McFarlane of Llandaff, B. Mackay of Ardbrecknish, L. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. Mackie of Benshie, 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. Merlyn-Rees, L. Methuen, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monson, L. Montagu of Beaulieu, L. Montrose, D. Moran, L. Morris of Castle Morris, L. Morris of Manchester, L. Mowbray and Stourton, L. Moynihan, L. Murton of Lindisfarne, L. Naseby, L. Neill of Bladen, L. Newby, L. Nickson, L. Nicol, B. Noakes, B. Northbourne, L. Northbrook, L. Northesk, E. Northover, B. Norton of Louth, L. Oakeshott of Seagrove Bay, L. Onslow, E. Orme, L. Palmer, L. Parekh, L. Park of Monmouth, B. Patel, L. Patel of Blackburn, L. Patten, L. Pearson of Rannoch, L. Peel, E. Perry of Southwark, B. Peston, L. Phillips of Sudbury, L. Pilkington of Oxenford, L. Plant of Highfield, L. Platt of Writtle, B. Plumb, L. Ponsonby of Shulbrede, L. Portsmouth, Bp. Powell of Bayswater, L. Prashar, B. Prior, L. Prys-Davies, L. Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Razzall, L. Rea, L. Reay, L. Redesdale, L. Rees, L. Rennard, L. Renton, L. Richard, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Roll of Ipsden, L. Roper, L. Rotherwick, L. Russell, E. Ryder of Wensum, L. Sainsbury of Turville, L. St. John of Bletso, L. St. John of Fawsley, L. Saltoun of Abernethy, Ly. Sandberg, L. Sanderson of Bowden, L. Sandwich, E. Sawyer, L. Scott of Needham Market, B. Seccombe, B. Sefton of Garston, L. Selsdon, L. Shaw of Northstead, L. Shepherd, L. Shore of Stepney, L. Shutt of Greetland, L. Simon, V. Simon of Glaisdale, L. Skelmersdale, L. Skidelsky, L. Slim, V. Slynn of Hadley, L. Smith of Clifton, L. Smith of Gilmorehill, B. Smith of Leigh, L. Soulsby of Swaffham Prior, L. Southwark, Bp. Stevens of Ludgate, L. Stewartby, L. Steyn, L. Stodart of Leaston, L. Stone of Blackheath, L. Strange, B. Strathclyde, L. Swinfen, L. Tanlaw, L. Taverne, L. Taylor of Blackburn, L. Tebbit, L. Tenby, V. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thornton, B. Tope, L. Tordoff, L. Trefgarne, L. Trumpington, B. Turner of Camden, B. Uddin, B. Vivian, L. Waddington, L. Wakefield, Bp. Wakeham, L. Walker of Doncaster, L. Wallace of Saltaire, L. Walmsley, B. Warnock, B. Warwick of Undercliffe, B. Watson of Richmond, L. Weatherill, L. Weidenfeld, L. Whitaker, B. Wigoder, L. Wilberforce, L. Wilcox, B. Wilkins, B. Williams of Crosby, B. Wilson of Tillyorn, L. Woolmer of Leeds, L. Wright of Richmond, L. Young, B. Page 97 2000-01 Volume 234 Back to top PRAYERS were read by the Lord Bishop of Portsmouth. Judicial Business 1. Card Protection Plan Limited (Appellants) v. Commissioners of Customs and Excise (Respondents)—It was moved by the Lord Slynn of Hadley, That the 12th Report from the Appellate Committee be agreed to; the motion was agreed to. Further to the Order of the House of 15th October 1996 whereby certain questions were referred to the Court of Justice of the European Communities, the Judgment of that Court having been given on 25th February 1999, it was ordered and adjudged that the Appeal be allowed; and that the Order of the Court of Appeal of 23rd November 1993, the Order of Mr Justice Popplewell of 1st July 1992, the decision of the London Value Added Tax Tribunal of 14th December 1990 and the decision of the Commissioners of Customs and Excise of 23rd February 1990 be set aside; that it be declared that “the services provided by the appellants for Dr Howell are to be regarded for Value Added Tax purposes as comprising a principal exempt insurance supply to which other supplies provided are ancillary so that they are to be treated as exempt for Value Added Tax purposes”; and that the respondents do pay to the appellants their costs before the Value Added Tax Tribunal and Mr Justice Popplewell, in the Court of Appeal, before the Court of Justice of the European Communities 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. (2001, UKHL/4) 2. Her Majesty’s Attorney General (Respondent) v. Foley and another (Petitioner)—The petition of Harry Desmond Foley praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 3rd July 2000). 3. Regina v. Bishop of Stafford (Respondent) ex parte Owen (Petitioner)—The petition of Raymond Owen praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. 4. Lawrence (Respondent) v. Lesser (Appellant)—The petition of the appellant, praying that the appeal be restored notwithstanding that the time limited by Standing Order VI has expired and that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 28th February next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed. 5. Appeal Committee—The following Order was made pursuant to the 2nd Report: Nugent and another (suing as executors of Matthew Charles David Harding (deceased)) (Petitioners) v. Michael Goss Aviation Limited and others (Respondents) and others—That the petition be referred for hearing. 6. Appeal Committee—The 10th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made— Regina v. Lambert (Petitioner)—That leave to appeal be given, and that the petition of appeal be lodged by 14th February next. 7. Appeal Committee—The 11th Report from the Appeal Committee was agreed to and the following Order was made— Regina v. Sargent (Petitioner)—That the respondents be invited to lodge objections by 14th February next. 8. Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following Orders were made— Bristol-Myers Squibb Company (Petitioners) v. Baker Norton Pharmaceuticals Inc and others (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. Carter (Petitioner) and others v. Gamlens (a firm) (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. Regina v. Pendleton (Petitioner)—That the respondents be invited to lodge objections by 14th February next. Holtby (FC) (Petitioner) v. Brigham & Cowan (Hull) Limited (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Clark and another (administrators of the estate of Peter Denis Fulljames (deceased)) (Respondents) v. Rice (sued personally and in his capacity as surviving executor of the estate of Coral Lynette Letts (deceased)) (Petitioner) and others—That leave to appeal be refused. Page 98 2000-01 Volume 234 Back to top In re Weiss (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused. Her Majesty’s Attorney General (Respondent) v. Foley and another (Petitioner)—That leave to appeal be refused. The House was adjourned during pleasure. The House was resumed. Papers 9. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table: 1. Protocol—Protocol to the Partnership and Co-operation Agreement, establishing a Partnership between the European Communities, and the Russian Federation;   (5034) 2. Commercial Debts—Exchange of Notes between the United Kingdom and Jordan concerning Certain Commercial Debts (The United Kingdom/Jordan Debt Agreement No. 3 (1994));   (5036) 3. Public Accounts—Treasury Minute on the Thirty-eighth to the Forty-second Reports from the Committee of Public Accounts 1999–2000.   (5021) 10. Deregulation—The following document was laid before the House under section 3(3) of the Deregulation and Contracting Out Act 1994 and referred to the Delegated Powers and Deregulation Committee: Proposal for the Draft Deregulation (Disposals of Dwelling-houses by Local Authorities) Order 2001. 11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Strategic Rail Authority (Licence Exemption) Order 2001, laid under the Railways Act 1993;   (218) 2. Employment Tribunals (Increase of Maximum Deposit) Order 2001, laid under the Employment Tribunals Act 1996;   (237) 3. Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2001, laid under the Road Traffic Act 1988;   (236) 4. Local Authorities (Goods and Services) (Public Bodies) (England) Order 2001, laid under the Local Authorities (Goods and Services) Act 1970.   (243) 12. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Report pursuant to Article 35 of the Channel Tunnel (Security) Order 1994, laid under the Channel Tunnel (Security) Order 1994; 2. Report pursuant to section 23 of the Aviation Security Act 1982 as Amended by the Aviation and Maritime Security Act 1990, laid under the Aviation Security Act 1982; 3. Report pursuant to section 44 of the Aviation and Maritime Security Act 1990, laid under the Aviation and Maritime Security Act 1990; 4. Report and Accounts 1999–2000 of the Service Children’s Education, laid under the Exchequer and Audit Departments Act 1921; 5. Financial Statistics 1998–1999 of the Scottish Local Government, laid under the Local Government (Scotland) Act 1973; 6. (i) Report and Accounts 1999–2000 for Forest Research— (ii) Report and Accounts 1999–2000 for the Forestry Commission— (iii) Accounts April–June 1999 for the Forestry Fund, together with the Report of the Comptroller and Auditor General—   laid under the Forestry Act 1967. Select Committee Reports 13. Delegated Powers and Deregulation—The following Report from the Select Committee was made and ordered to be printed: 6th Report, on the following bills:   Social Security Fraud Bill [HL]—Government response;   Culture and Recreation Bill [HL]—Government amendments for Committee Stage;   and inviting evidence on the proposal for the draft Deregulation (Disposals of Dwelling-houses by Local Authorities) Order 2001 ; (HL Paper 26) Page 99 2000-01 Volume 234 Back to top 14. House of Lords’ Offices—The First Report from the Select Committee was made (see appendix); it was ordered that the Report be printed. (HL Paper 27) Public Business 15. Vehicles (Crime) Bill—A bill to regulate motor salvage operators and registration plate suppliers; to make further provision for preventing or detecting vehicle crime; to enable the Secretary of State to make payments in respect of certain expenditure relating to vehicle crime; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 15) 16. Vehicles (Crime) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 15–EN) 17. Police (5-hour debate)—It was moved by the Lord Tebbit that there be laid before the House papers relating to police numbers and morale and to the level of violent crime; after debate, the motion was (by leave of the House) withdrawn. 18. Parliamentary Referendum Bill [HL]—It was moved by the Lord Campbell of Alloway 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. 19. Companies (Fees) (Amendment) Regulations 2000—It was moved by the Lord Sainsbury of Turville that the Regulations laid before the House on 19th December be approved; after debate, the motion was agreed to. 20. Open-Ended Investment Companies (Investment Companies with Variable Capital) (Fees) (Amendment) Regulations 2000—It was moved by the Lord Sainsbury of Turville that the Regulations laid before the House on 19th December be approved; the motion was agreed to. The House was adjourned at twenty-five minutes before ten o’clock till tomorrow, three o’clock. APPENDIX First Report from the Select Committee on the House of Lords’ Offices Tuesday 30th January 2001 By the Select Committee appointed to consider House of Lords’ Offices Ordered to Report— The Committee have met and been attended by the Clerk of the Parliaments and the Gentleman Usher of the Black Rod. 1. Appointment of Sub-Committees and the Advisory Panel on Works of Art The Committee appointed the following Sub-Committees and Panel— Finance and Staff Sub-Committee B. Andrews L. Astor of Hever L. Colwyn L. Craig of Radley L. Filkin L. Harris of Greenwich L. Harris of Haringey B. Jay of Paddington L. Mackay of Ardbrecknish (Chairman) L. Renfrew of Kaimsthorn L. Rodgers of Quarry Bank L. Strathclyde with the Clerk of the Parliaments. Administration and Works Sub-Committee L. Carter L. Colwyn Page 100 2000-01 Volume 234 Back to top L. Craig of Radley L. Evans of Parkside L. Harris of Greenwich L. Henley B. Hilton of Eggardon L. Mackay of Ardbrecknish (Chairman) B. Massey of Darwen L. Monson L. Phillips of Sudbury L. Renfrew of Kaimsthorn B. Richardson of Calow B. Seccombe with the Clerk of the Parliaments and the Gentleman Usher of the Black Rod. Library and Computers Sub-Committee L. Ahmed L. Butterworth E. Erroll L. Evans of Watford L. Hobhouse of Woodborough E. Listowel L. Lucas L. Methuen E. Northesk B. Rendell of Babergh L. Renfrew of Kaimsthorn (Chairman) B. Wilkins with the Clerk of the Parliaments. Refreshment Sub-Committee L. Ahmed L. Burnham L. Carter L. Colwyn (Chairman) B. Darcy de Knayth V. Falkland L. Geddes L. Harris of Greenwich B. Pitkeathley L. Stone of Blackheath V. Tenby with the Clerk of the Parliaments. Advisory Panel on Works of Art L. Freyberg L. Gavron B. Hilton of Eggardon (Chairman) L. Jacobs L. Lloyd-Webber B. McIntosh of Hudnall L. Mancroft L. Palmer B. Rawlings Ly. Saltoun of Abernethy with the Clerk of the Parliaments.