House of Lords Journal 234 (Session 2000-01) |
Lords Journals Contents Index Minutes and Order Papers |
Thursday 8 February 2001 The House met at two oclock. The following Lords Spiritual and Temporal were present: Irvine of Lairg, L.
Page 117
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Hollis of Heigham, B. Holme of Cheltenham, L. Hooper, B. 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 Tanworth, L. Hunt of Wirral, L. Hutton, L. Hylton, L. Islwyn, L. Jacobs, L. Janner of Braunstone, L. Jay of Paddington, B. Jenkin of Roding, L. Jenkins of Putney, L. Joffe, L. Jopling, L. Judd, L. Kennedy of The Shaws, B. Kimball, L. King of West Bromwich, L. Kingsland, L. Kirkhill, L. Knight of Collingtree, B. Laming, L. Lamont of Lerwick, L. Lane of Horsell, L. Lawson of Blaby, L. Layard, L. Lea of Crondall, L. Lester of Herne Hill, L. Levy, L. 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. McFarlane of Llandaff, B. McIntosh of Haringey, L. McIntosh of Hudnall, B. Mackay of Ardbrecknish, L. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. McNally, L. Maddock, B. Mancroft, L. Mar, C. Marlesford, L. Marsh, L. Masham of Ilton, B. |
Mason of Barnsley, L. Massey of Darwen, B. Mayhew of Twysden, L. Merlyn-Rees, L. Miller of Hendon, B. Mishcon, L. Mitchell, L. Molloy, L. Molyneaux of Killead, L. Monson, L. Montrose, D. Morgan, L. Mowbray and Stourton, L. Murton of Lindisfarne, L. Naseby, L. Newby, L. Newton of Braintree, L. Nicol, B. Noakes, B. Northbourne, L. Northbrook, L. Northover, B. Norton of Louth, L. Oakeshott of Seagrove Bay, L. OCathain, B. Onslow, E. Orme, L. Oxford, Bp. Oxfuird, V. Palmer, L. Parekh, L. Park of Monmouth, B. Patel of Blackburn, L. Paul, L. Pearson of Rannoch, L. Perry of Southwark, B. Peston, L. Phillips of Sudbury, L. Pilkington of Oxenford, L. Plant of Highfield, L. Plumb, L. Plummer of St. Marylebone, L. Ponsonby of Shulbrede, L. Powell of Bayswater, L. Prys-Davies, L. Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Rawlinson of Ewell, L. Razzall, L. Rea, L. Redesdale, L. Rees, L. Rendell of Babergh, B. Rennard, L. Renton, L. Renton of Mount Harry, L. Renwick of Clifton, L. Richard, L. Rix, L. Rodgers of Quarry Bank, L. Roper, L. Ryder of Wensum, L. Sainsbury of Turville, L. St. John of Bletso, L. |
St. John of Fawsley, L. Sandberg, L. Sandwich, E. Sawyer, L. Scotland of Asthal, B. Scott of Foscote, L. Scott of Needham Market, B. Seccombe, B. Selborne, E. Serota, B. Sharp of Guildford, B. Shaw of Northstead, 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. Stallard, L. Stern, B. Stevens of Ludgate, L. Stewartby, L. Stone of Blackheath, L. Strange, B. Strathclyde, L. Swinfen, L. Tanlaw, L. Taverne, L. Taylor of Blackburn, L. Taylor of Warwick, L. Tenby, V. Thomas of Gresford, L. Thomas of Gwydir, L. Thomas of Walliswood, B. Thomson of Monifieth, L. Thornton, B. Tomlinson, L. Tope, L. Tordoff, L. Turnberg, L. Turner of Camden, B. Uddin, B. Vivian, L. Waddington, L. Wade of Chorlton, L. Walker of Doncaster, L. Wallace of Saltaire, L. Walmsley, B. Warner, L. Warnock, B. Warwick of Undercliffe, B. Watson of Invergowrie, L. Weatherill, L. Wedderburn of Charlton, L. Whitaker, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilkins, B. Williams of Mostyn, L. Williamson of Horton, L. Willoughby de Broke, L. Wilson of Tillyorn, L. Windlesham, L. Wright of Richmond, L. Young, B. |
PRAYERS were read by the Lord Bishop of Bradford.
Judicial Business
1. | Preston and others (Appellants) v. Wolverhampton Healthcare NHS Trust and others (Respondents) |
2. | Fletcher and others (Appellants) v. Midland Bank plc (Respondents)It was moved by the Lord Hope of Craighead, That the 13th Report from the Appellate Committee be agreed to; the motion was agreed to. Further to the Order of the House of 5th February 1998 whereby certain questions were referred to the Court of Justice of the European Communities, the Judgment of that Court having been given on 16th May last, it was ordered and adjudged that the Orders of the Court of Appeal of 13th February 1996 be set aside; that it be declared that The respondents cannot rely on the two year rule in section 2(5) of the Equal Pay Act 1970 to prevent the Appellants from retroactively gaining membership of the Pension Scheme in the period of employment back to 8th April 1976 or to the date of commencement of employment, whichever is the later, or from receiving pension benefits from such schemes which would otherwise have been due to be paid in the period after the application to the Tribunal, calculated so as to take into account their service since 8th April 1976 so long as relevant pension contributions are paid by the Appellants., that The respondents cannot rely on the six months limitation in section 2(4) of the Equal Pay Act 1970 as amended, so as to require a claim for membership of an occupational pension scheme to be brought within six months of the end of each contract of employment to which the claim relates where there has been a stable employment relationship resulting from a succession of short-term contracts concluded at regular intervals in respect of the same employment to which the same pension scheme applies. and that The provisions in section 2(4) of the Equal Pay Act 1970 in the cases where there is no stable relationship do not violate Community rules as to effectiveness and equivalence.; that it be ordered that, in the absence of agreement between the respective parties, the question as to which of the appellants had a stable employment relationship be remitted to the Employment Tribunal; and that the question of costs be adjourned sine die. [2001] UKHL/5 |
3. | MacNiven (Her Majestys Inspector of Taxes) (Appellant) v. Westmoreland Investments Limited (Respondents)It was moved by the Lord Nicholls of Birkenhead, That the 14th 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 23rd October 1998 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2001] UKHL/6 |
4. | Consorzio del Prosciutto di Parma (Appellants) v. ASDA Stores Limited and others (Respondents)It was moved by the Lord Nicholls of Birkenhead, That the 15th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered that the following question be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: Does, as a matter of Community law, Council Regulation (EEC) No 2081/92 read with Commission Regulation (EC) No 1107/96 and the specification for the PDO prosciutto di Parma create a valid Community right, directly enforceable in the court of a member state, to restrain the retail sale as Parma ham of sliced and packaged ham derived from hams duly exported from Parma in compliance with the conditions of the PDO but which have not been thereafter sliced, packaged and labelled in accordance with the specification?; and that further consideration of the appeal be adjourned sine die. [2001] UKHL/7 |
5. | Appeal CommitteeThe 18th 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 |
Cartonneries de Thulin SA (a Belgian body corporate) (Petitioners) v. CTP White Knight Limited (formerly White Knight Products 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.
Regina v. Broadcasting Standards Commission (Respondents) ex parte British Broadcasting Corporation (Petitioners)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.
Shanning International Limited (in liquidation) and others (Respondents) v. Rasheed Bank (Petitioners) and othersThat leave to appeal be given on the construction point only; and that the petition of appeal be lodged by 22nd February next.
Shanning International Limited (in liquidation) (Respondents) and others (Petitioners) v. Rasheed Bank (Respondents) and othersThat leave to appeal be given on the construction point only; and that the petition of appeal be lodged by 22nd February next.
6. | Appeal CommitteeThe 19th Report from the Appeal Committee was agreed to and the following Order was made |
Regina v. Secretary of State for the Environment, Transport and the Regions (Original Appellant and Cross-Respondent) ex parte Holding and Barnes plc (Original Respondents and Cross-Petitioners)That leave to cross-appeal be given, and that the petition of cross-appeal be lodged forthwith.
7. | Appeal CommitteeThe 20th Report from the Appeal Committee was agreed to and the following Orders were made |
Royal Brompton Hospital National Health Service Trust v. Hammond and others (Petitioners) and Taylor Woodrow Construction (Holdings) Limited (Respondents)That the respondents be invited to lodge objections by 22nd February next.
Regina v. International Society of Professional Aromatherapists (Respondents) ex parte Casini (Petitioner)That the petition be dismissed as inadmissible.
Securum Finance Limited (Respondents) v. Ashton and another (Petitioners)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. East Sussex County Council (Petitioners) ex parte Reprotech (Pebsham) Limited (Respondents) and one other actionThat the respondents be invited to lodge objections by 22nd February next.
Regina v. Looseley (Petitioner)That the respondents be invited to lodge objections by 22nd February next.
Tierney (Petitioner) v. Crown Estate Commissioners (Respondents)That the petition be dismissed as inadmissible.
Collins (Petitioner) v. Needleman Knowles (a firm) (Respondents)That the petition be dismissed as inadmissible.
Alexander (Petitioner) v. Philips Electronics (UK) Limited (Respondents)That the petition be dismissed as inadmissible.
Halifax plc (Respondents) v. Alexander (Petitioner)That the petition be dismissed as inadmissible.
The House was adjourned during pleasure.
The House was resumed.
8. | Leave of AbsenceLeave of absence was granted to the Lord Chancellor from Monday 12th to Wednesday 14th February. |
9. | Barony of Aldington in the Peerage of the United KingdomThe Petition of Charles Harold Stuart claiming to have succeeded to the Barony of Aldington in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as Baron Aldington on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 10A. |
Papers
10. | Negative InstrumentsThe following instruments were laid before the House and ordered to lie on the Table: |
1. | Merger Report (Interbrew SA and Bass Plc) (Interim Provision) Order 2001, laid under the Fair Trading Act 1973; |
(318) |
2. | Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001, laid under the Competition Act 1998; |
(319) |
3. | European Communities (Matrimonial Jurisdiction and Judgements) Regulations 2001, laid under the European Communities Act 1972; |
(310) |
4. | Air Traffic Services (Exemption) Order 2001, laid under the Transport Act 2000; |
(287) |
5. | Rail Vehicle Accessibility (Connex South Eastern Class 375 Vehicles) Exemption (Amendment) Order 2001, laid under the Disability Discrimination Act 1995; |
(250) |
6. | Draft Social and Environmental Guidance to the Postal Services Commission, laid under the Postal Services Act 2000; |
() |
7. (i) | Carriers Liability (Clandestine Entrants and Sale of Transporters) (Amendment) Regulations 2001 | (311) |
(ii) | Carriers Liability (Clandestine Entrants) (Code of Practice for Rail Freight) Order 2001 | (312) |
laid under the laid under the Immigration and Asylum Act 1999. |
Public Business
11. | Homes BillA bill to make provision for imposing requirements in relation to the marketing of residential properties in England and Wales; to make further provision about the functions of local housing authorities relating to the homelessness and the allocation of housing accommodation; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 19) |
12. | Constitution CommitteeIt was moved by the Chairman of Committees that a Select Committee be appointed to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution; |
That, as proposed by the Committee of Selection, the following Lords be named of the Committee:
L. Acton V. Cranborne L. Fellowes L. Holme of Cheltenham B. Howells of St. Davids L. Lang of Monkton | E. Mar and Kellie L. Morgan L. Norton of Louth (Chairman) L. Ponsonby of Shulbrede L. Weatherill B. Young; |
That the Committee have power to appoint specialist advisers;
That the Committee have power to adjourn from place to place;
That the Committee have leave to report from time to time;
the motion was agreed to.
13. | International Criminal Court Bill [HL]The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 22 stood part. |
14. | Childrens Commissioner for Wales BillA bill to make further provision about the Childrens Commissioner for Wales was brought from the Commons, read a first time and ordered to be printed. (HL Bill 20) |
15. | Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000It was moved by the Baroness Hamwee that this House calls on Her Majestys Government to revoke the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (S.I. 2000/3272), laid before the House on 19th December 2000, and to lay before it in their place regulations which would |
(a) | improve the definition of key decisions such that one of the tests is whether a decision is significant in terms of its effects on people in one ward or a wider area, rather than in two wards as defined at present; |
(b) | specify the minimum financial thresholds for expenditure or savings decisions by an executive above which a decision is a key decision, in such a manner as to minimise arbitrary variations between authorities; |
(c) | require that a decision which makes a significant change to the existing policy or established practice of an authority, even within the framework of matters delegated by that authority to the executive, is a key decision; |
(d) | remove the conflict between Regulations 2 and 9 so that it is explicitly required that all reports relating to key decisions shall be deemed to be in a final form, and not in draft, at least three clear days before the decision is taken, in order that executives shall not be able to avoid advance disclosure of such reports; and |
(e) | prevent avoidance of the requirement for cabinets to meet in public by barring officers from briefing a full cabinet of a local authority executive in secret unless the subject matter of the briefing is confidential or exempt within the terms of Part VA or Schedule 12A of the Local Government Act 1972; |
after debate, the motion was (by leave of the House) withdrawn.
16. | Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000It was moved by the Lord Dixon-Smith that an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 19th December 2000, be annulled (S.I. 2000/3272); the motion was disagreed to (see division list). |
17. | SlaughterhousesThe Lord Willoughby de Broke asked Her Majestys Government how they expect to implement the recommendations made by the Maclean Report concerning the costs of inspection and regulation of slaughterhouses; after debate, the question was answered by the Lord Hunt of Kings Heath. |
The House was adjourned at thirteen minutes before ten oclock
to Monday next, half-past two oclock.
DIVISION
LOCAL AUTHORITIES (EXECUTIVE ARRANGEMENTS) (ACCESS TO INFORMATION)
(ENGLAND) REGULATIONS 2000
It was moved by the Lord Dixon-Smith, That an Humble Address be presented to Her Majesty praying that the Regulations, laid before the House on 19th December 2000, be annulled (S.I. 2000/3272); which being objected to, the question was put thereupon, and the House divided:
Contents.............63
Not-Contents.............116
CONTENTS
Anelay of St Johns, B. Arran, E. Astor of Hever, L. Attlee, E. Bell, L. Blackwell, L. Blatch, B. Bowness, L. Brabazon of Tara, L. Bridgeman, V. Brougham and Vaux, L. Burnham, L. [Teller] Byford, B. Campbell of Croy, L. Colwyn, L. Cope of Berkeley, L. Craigavon, V. Crickhowell, L. Cumberlege, B. Dixon-Smith, L. |
Elles, B. Elliott of Morpeth, L. Elton, L. Fookes, B. Freeman, L. Gardner of Parkes, B. Geddes, L. Henley, L. [Teller] Higgins, L. Hooper, B. Howe, E. Hunt of Wirral, L. Jenkin of Roding, L. Jopling, L. Kimball, L. Knight of Collingtree, B. Luke, L. McColl of Dulwich, L. Mancroft, L. Marlesford, L. Miller of Hendon, B. |
Montrose, D. Murton of Lindisfarne, L. Naseby, L. Newton of Braintree, L. Noakes, B. Northbrook, L. Norton of Louth, L. Onslow, E. Pearson of Rannoch, L. Pilkington of Oxenford, L. Plummer of St. Marylebone, L. Renton, L. Ryder of Wensum, L. St John of Fawsley, L. Seccombe, B. Selborne, E. Shaw of Northstead, L. Stewartby, L. Strathclyde, L. Swinfen, L. Vivian, L. Willoughby de Broke, L. |
NOT-CONTENTS
Acton, L. Addington, L. Amos, B. Andrews, B. Archer of Sandwell, L. Ashton of Upholland, B. Avebury, L. Bach, L. Barker, B. Bassam of Brighton, L. Berkeley, L. Billingham, B. Blackstone, B. Borrie, L. Bragg, L. Brennan, L. Brooke of Alverthorpe, L. Brookman, L. Burlison, L. Carter, L. [Teller] Chandos, V. Clarke of Hampstead, L. Clinton-Davis, L. Cocks of Hartcliffe, L. Crawley, B. Darcy de Knayth, B. David, B. Davies of Oldham, L. Desai, L. Dholakia, L. Dubs, L. |
Eatwell, L. Elis-Thomas, L. Evans of Temple Guiting, L. Evans of Watford, L. Ezra, L. Falconer of Thoroton, L. Farrington of Ribbleton, B. Faulkner of Worcester, L. Filkin, L. Gale, B. Gibson of Market Rasen, B. Gilbert, L. Goldsmith, L. Goodhart, L. Gould of Potternewton, B. Graham of Edmonton, L. Grenfell, L. Hamwee, B. Harris of Greenwich, L. Harris of Haringey, L. Harris of Richmond, B. Hayman, B. Hilton of Eggardon, B. Hollis of Heigham, B. Hooson, 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. Irvine of Lairg, L. |
(Lord Chancellor) Janner of Braunstone, L. Jay of Paddington, B. (Lord Privy Seal) Jenkins of Putney, L. King of West Bromwich, L. Layard, L. Lea of Crondall, L. Macdonald of Tradeston, L. McIntosh of Haringey, L. [Teller] McIntosh of Hudnall, B. MacKenzie of Culkein, L. Maddock, B. Massey of Darwen, B. Mitchell, L. Morgan, L. Nicol, B. Northover, B. Oakeshott of Seagrove Bay, L. Parekh, L. Plant of Highfield, L. Puttnam, L. Ramsay of Cartvale, B. Razzall, L. Rea, L. Rendell of Babergh, B. Rennard, L. Renwick of Clifton, L. Rodgers of Quarry Bank, L. Roper, L. Sainsbury of Turville, L. Sawyer, L. Scotland of Asthal, B. |
Scott of Needham Market, B. Serota, B. Sharp of Guildford, B. Simon, V. Smith of Clifton, L. Stone of Blackheath, L. Thomas of Walliswood, B. |
Thornton, B. Tomlinson, L. Tope, L. Tordoff, L. Uddin, B. Walker of Doncaster, L. Wallace of Saltaire, L. |
Walmsley, B. Warner, L. Wedderburn of Charlton, L. Whitaker, B. Whitty, L. Wilkins, B. Williams of Mostyn, L. Williamson of Horton, L. |