House of Lords Journal 234 (Session 2000-01)

Previous Next Monday 23 April 2001 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. Acton, L. Addington, L. Ahmed, L. Allen of Abbeydale, L. Allenby of Megiddo, V. Alli, L. Alton of Liverpool, L. Amos, B. Ampthill, L. Anelay of St Johns, B. Archer of Sandwell, L. Ashley of Stoke, L. Astor of Hever, L. Attlee, E. Avebury, L. Bach, L. Barnett, L. Bath and Wells, Bp. Beaumont of Whitley, L. Berkeley, L. Biffen, L. Billingham, B. Blackwell, L. Blatch, B. Blease, L. Bledisloe, V. Blood, B. Boardman, L. Borrie, L. Boston of Faversham, L. Bowness, L. Brabazon of Tara, L. Bragg, L. Brett, L. Bridgeman, V. Brightman, L. Brooke of Alverthorpe, L. Brookman, L. Brooks of Tremorfa, L. Bruce of Donington, L. Burlison, L. Burnham, L. Burns, L. Buscombe, B. Butterworth, L. Byford, B. Caithness, E. Campbell of Alloway, L. Campbell of Croy, L. Carlisle of Bucklow, L. Carnarvon, E. Carnegy of Lour, B. Carter, L. Cavendish of Furness, L. Chadlington, L. Chalfont, L. Chandos, V. Christopher, L. Clarke of Hampstead, L. Clement-Jones, L. Cohen of Pimlico, B. Colville of Culross, V. Colwyn, L. Cooke of Thorndon, L. Courtown, E. Craig of Radley, L. Craigavon, V. Crickhowell, L. Cuckney, L. Cumberlege, B. Darcy de Knayth, B. Page 322 2000-01 Volume 234       David, B. Davies of Coity, L. Davies of Oldham, L. Dean of Harptree, L. Dearing, L. Denham, L. Desai, L. Dholakia, L. Dixon, L. Dixon-Smith, L. Donoughue, L. Dormand of Easington, L. Dubs, L. Eccles of Moulton, B. Eden of Winton, L. Elder, L. Elis-Thomas, L. Elliott of Morpeth, L. Erroll, E. Evans of Parkside, L. Evans of Temple Guiting, L. Ezra, L. Falkland, V. Farrington of Ribbleton, B. Ferrers, E. Filkin, L. Fitt, L. Fookes, B. Forsyth of Drumlean, L. Fraser of Carmyllie, L. Freeman, L. Freyberg, L. Fyfe of Fairfield, L. Gale, B. Gardner of Parkes, B. Garel-Jones, L. Geddes, L. Geraint, L. Gibson of Market Rasen, B. Gilbert, L. Gladwin of Clee, L. Glentoran, L. Goschen, V. Goudie, B. Gould of Potternewton, B. Graham of Edmonton, L. Gray of Contin, L. Greengross, B. Greenway, L. Gregson, L. Grenfell, L. Griffiths of Fforestfach, L. Hamwee, B. Hanham, B. Hanningfield, L. Hardy of Wath, L. Harris of Haringey, L. Harrison, L. Haslam, L. Hayhoe, L. Hayman, B. Henley, L. Higgins, L. Hilton of Eggardon, B. Holderness, L. Hollis of Heigham, B. Holme of Cheltenham, L. Hooper, B. Hooson, L. Howe, E. Howe of Aberavon, L. Howell of Guildford, L. Howie of Troon, L. Hoyle, L. Hughes of Woodside, L. Hunt of Chesterton, L. Hussey of North Bradley, L. Inge, L. Islwyn, L. Jay of Paddington, B. Jenkin of Roding, L. Jenkins of Hillhead, L. Jopling, L. Kimball, L. King of West Bromwich, L. Kingsland, L. Kirkham, L. Lamont of Lerwick, L. Lang of Monkton, L. Lea of Crondall, L. Levene of PortSoken, L. Lipsey, L. Liverpool, E. Lockwood, B. Longford, E. Lucas, L. Luke, L. Lyell, L. McIntosh of Haringey, L. MacKenzie of Culkein, L. Mackenzie of Framwellgate, L. Mackie of Benshie, L. McNally, L. Maddock, B. Mallalieu, B. Mar, C. Marlesford, L. Masham of Ilton, B. Massey of Darwen, B. Merlyn-Rees, L. Miller of Chilthorne Domer, B. Miller of Hendon, B. Milner of Leeds, L. Mishcon, L. Molloy, L. Molyneaux of Killead, L. Monro of Langholm, L. Montagu of Beaulieu, L. Morris of Castle Morris, L. Morris of Manchester, L. Mowbray and Stourton, L. Murton of Lindisfarne, L. Neill of Bladen, L. Newby, L. Newton of Braintree, L. Nicholson of Winterbourne, B. Noakes, B. Northbourne, L. Northbrook, L. Northover, B. O’Cathain, B. O’Neill of Bengarve, B. Onslow, E. Orme, L. Oxburgh, L. Oxford, Bp. Oxfuird, V. Palmer, L. Park of Monmouth, B. Patel, L. Patel of Blackburn, L. Patten, L. Paul, L. Pearson of Rannoch, L. Peel, E. Perry of Walton, L. Peston, L. Peyton of Yeovil, L. Phillips of Sudbury, L. Plant of Highfield, L. Prashar, B. Prior, L. Puttnam, L. Quirk, L. Ramsay of Cartvale, B. Randall of St. Budeaux, L. Rea, L. Redesdale, L. Rendell of Babergh, B. Rennard, L. Renton, L. Richard, L. Roberts of Conwy, L. Rodgers of Quarry Bank, L. Roper, L. Rosslyn, E. Russell, E. Ryder of Wensum, L. St. John of Bletso, L. Sandberg, 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. Shore of Stepney, L. Shutt of Greetland, L. Simon, V. Simon of Glaisdale, L. Slim, V. Soulsby of Swaffham Prior, L. Southwark, Bp. Stallard, L. Steel of Aikwood, L. Stewartby, L. Stoddart of Swindon, L. Stone of Blackheath, L. Strabolgi, L. Strange, B. Strathclyde, L. Swinfen, L. Symons of Vernham Dean, B. Tanlaw, L. Taylor of Blackburn, L. Tebbit, L. Tenby, V. Thomas of Walliswood, B. Thornton, B. Tomlinson, L. Tordoff, L. Trefgarne, L. Trumpington, B. Turnberg, L. Page 323 2000-01 Volume 234 Back to top Turner of Camden, B. Uddin, B. Waddington, L. Walker of Doncaster, L. Wallace of Saltaire, L. Walmsley, B. Walton of Detchant, L. Warner, L. Warnock, B. Watson of Invergowrie, L. Waverley, V. Weatherill, L. Whitaker, B. Whitty, L. Wigoder, L. Wilberforce, L. Wilcox, B. Wilkins, B. Williams of Crosby, B. Williams of Elvel, L. Williams of Mostyn, L. Windlesham, L. Woolmer of Leeds, L. PRAYERS were read by the Lord Bishop of Bath and Wells. Judicial Business 1. Regina v. Epping Forest District Council (Respondents) ex parte Philcox (FC) (Petitioner)—The petition of Martin Arnold Philcox praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners certificate of public funding was lodged (lodged 20th April). 2. Regina v. London Borough of Newham (Petitioners) ex parte Sacupima (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 3. Regina v. London Borough of Newham (Petitioners) ex parte Roban (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 4. Regina v. London Borough of Newham (Petitioners) ex parte Ali (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 5. Regina v. London Borough of Newham (Petitioners) ex parte Yawalibange (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 6. Regina v. London Borough of Newham (Petitioners) ex parte Akhtar (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 7. Regina v. London Borough of Newham (Petitioners) ex parte Kiese (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 8. Regina v. London Borough of Newham (Petitioners) ex parte Rahman (Respondent)—The petition of the Mayor etc of the London Borough of Newham praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th December). 9. Regina v. Secretary of State for the Home Department (Petitioner) ex parte Zeqiri (Respondent)—The petition of the Secretary of State for the Home Department praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12th April). 10. Interlink Express Parcels Limited (Petitioners) v. Night Trunkers Limited and another (Respondents)—The petition of Interlink Express Parcels Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th April). 11. Beedell (Petitioner) v. West Ferry Printers Limited (Respondent)—The petition of James Beedell praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th April). 12. Regina v. Hertfordshire County Council (Respondents) ex parte A (Petitioner)—The petition of A praying for leave to appeal was presented and referred to an Appeal Committee. 13. Adams (AP) (Petitioner) v. Director of Public Prosecutions (Respondent) (Northern Ireland)—The petition of David Adams praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners legal aid certificate was lodged (lodged 18th April). 14. DSG Retail Limited (Petitioners) v. Oxfordshire County Council (Respondents)—The petition of DSG Retail Limited praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee. 15. Regina v. Clark (Respondent)—The petition of the Crown Prosecution Service praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 11th April). 16. Regina v. K (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee. Page 324 2000-01 Volume 234 Back to top 17. Lawrence (Respondent) v. Lesser (Appellant)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 16th May next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 11th April). 18. AIB Group (UK) plc (formerly Allied Irish Banks plc and AIB Finance Limited) (Respondents) v. Martin and another (Appellant)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 23rd May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 11th April). 19. Regina v. East Sussex County Council (Appellants) ex parte Reprotech (Pebsham) Limited (Respondents) and one other action—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order. 20. Co-operative Retail Services Limited (Respondents) v. Taylor Young Partnership and others (Appellants) and others—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order. Papers 21. Instrument withdrawn—The following instrument, laid before the House on 10th April, was withdrawn on 23rd April: Draft Scottish Parliament (Elections etc.) (Amendment) (No. 2) Order 2001. 22. 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. Space—Amending Protocol: amendments to the convention for the establishment of a European Organisation for the exploitation of meteorological satellites (“EUMETSAT”) of 24th May 1983; (11th April)   (5130) 2. Land Mines—Protocol on prohibitions or restrictions on the use of mines, booby-traps and other devices as amended 3rd May 1996 annexed to the convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects; (11th April)   (5131) 3. Air Services—Agreement between the United Kingdom and Barbados concerning Air Services; (12th April)   (5133) 4. Armed Forces—Document Agreed among the States Parties to the Treaty on Conventional Armed Forces in Europe on 19th November 1990; (12th April)   (5132) 5. Air Services—Agreement between the United Kingdom and Panama concerning Air Services; (20th April)   (5134) 6. Contingent Liabilities—Contingent Liabilities Minute: Statutory Inquiry into the death of Victoria Climbie. (23rd April)   (—) 23. Statutory Instruments (Standing Order 70)—The following negative instruments, having been laid before the House on the dates shown, were ordered to lie on the Table: Title, etc. S.I. No. 2001 Date of laying Negative instruments Immigration (Restrictions on Employment) (Code of Practice) Order 2001, laid under the Asylum and Immigration Act 1996; 1436 11th April Criminal Defence Service (General) (No. 2) Regulations 2001, laid under the Access to Justice Act 1999; 1437 11th April Waste (Foot-and-Mouth Disease) (England) Regulations 2001, laid under the Environmental Protection Act 1990; 1478 12th April (i) Employment Appeal Tribunal (Amendment) Rules 2001 (Amendment) Rules 2001— 1476 12th April (ii) Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2001— 1459 12th April (iii) Employment Tribunals (Constitution and Rules of Procedure) (Scotland) (Amendment) Regulations 2001— 1460 12th April laid under the Employment Tribunals Act 1996; Page 325 2000-01 Volume 234 Back to top Local Government Pension Scheme (Amendment) Regulations 2001, laid under the Superannuation Act 1972; 1481 17th April Local Authorities (Conduct of Referendums) (England) (Consequential Amendment) Order 2001, laid under the Elections Act 2001; 1494 18th April (i) Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) (Amendment) (No. 3) Regulations 2001— 1499 20th April (ii) Import and Export Restrictions (Foot-And-Mouth Disease) (No. 6) Regulations 2001— 1502 20th April laid under the European Communities Act 1972. 24. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table: 1. Draft Representation of the People (England and Wales) (Amendment) Regulations 2001; 2. Draft Representation of the People (Northern Ireland) (Amendment) Regulations 2001; 3. Draft Financial Investigations (Northern Ireland) Order 2001; 4. Draft Sex Offenders (Notice Requirements) (Foreign Travel) Regulations 2001; 5. Draft Representation of the People (Scotland) (Amendment) Regulations 2001; 6. Draft Scottish Parliament (Elections etc.) (Amendment) (No. 2) Order 2001; 7. Draft Scottish Parliament (Elections etc.) (Amendment) (No. 3) Order 2001. 25. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table: 1. Artificial Insemination of Cattle (Emergency Licenses) (England) Regulations 2001, laid under the Animal Health and Welfare Act 1984;   (1513) 2. Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001, laid under the European Communities Act 1972;   (1512) 3. (i) Thurrock and Basildon College (Government) Regulations 2001— (1507) (ii) Thurrock and Basildon College (Incorporation) Order 2001— (1497)   laid under the Further and Higher Education Act 1992. 26. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table: 1. Statement of Guarantee given by the Secretary of State for Health on 10th April in respect of loans proposed to be raised by the West Hampshire National Health Service Trust, laid under the National Health Service and Community Care Act 1990; 2. Report for 2000 of the Director General of the Office of Fair Trading, laid under the Fair Trading Act 1973. Select Committee Report 27. Human Rights—The First Report from the Joint Committee, Criminal Justice and Police Bill, was made; it was ordered that the Report be printed. (HL Paper 69) Public Business 28. International Development Bill—A bill to make provision relating to the provision of assistance for countries outside the United Kingdom; to make provision with respect to certain international financial institutions and the Commonwealth Scholarship Commission; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 46) 29. International Development Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 46–EN) 30. Armed Forces Bill—It was moved by the Baroness Symons of Vernham Dean 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. Page 326 2000-01 Volume 234 Back to top 31. Hepatitis “C”—The Lord Morris of Manchester asked Her Majesty’s Government what further help they are considering for people who were infected with hepatitis “C” by contaminated National Health Service blood products and the dependants of those who have since died in consequence of their infection; after debate, the question was answered by the Lord Burlison. The House was adjourned at twenty-two minutes past seven o’clock till tomorrow, half-past two o’clock.