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Lord Filkin: My Lords, I shall be very brief. At Second Reading, I did not say that I would not engage with the noble Lord, Lord Tebbit—I and others, especially my noble friends Lord Winston and Lord Turnberg, engaged with him brilliantly on the central issue of the difference between sex and gender. Essentially, I was saying that there is a limit to how much time I will spend—his time or that of the House. I was not optimistic that a man of his firmness of opinion was likely to be swayed by my puny argumentation. We have done justice to his issues, particularly at Report around that central issue.

The central thrust of the case of the noble Lord, Lord Tebbit, was that one's chromosomes are the beginning and the end of the story. The Bill does not seek to rewrite history. It does not seek to say that what was recorded at birth is not a historical fact. That is a historical fact; it is kept and it is recorded. The Bill recognises that in very limited circumstances, for a very limited number of people—after a proper process of testing, through medical opinion, advice and process test—it is right for the state to give recognition of a change of gender. The Bill does no more than that, but it is right that it does that.

We have spoken a number of times about sport. For the reasons that I gave not five minutes ago, we have been persuaded that there was a need to strengthen the protection on sport. That is all that we sought to do, and I am glad that we have done it.

10 Feb 2004 : Column 1090

We have just had a debate on religion. There is no point in me repeating that debate at this point. I took some small comfort that, on an issue that was so central to the Church, of those Members sitting on the Bishops' Benches who were present in the Chamber, three of them voted with the Government on the amendment. The calumnies that have sometimes been put about that we have been riding roughshod over the sensitivities of organised religion are untrue.

I will say no more, because it is for the House to decide this issue, rather than my persuasion. I commend the Bill to the House.

6.27 p.m.

On Question, Whether the Bill do now pass?

Their Lordships divided: Contents, 155; Not-Contents, 57.

Division No. 5


Acton, L.
Addington, L.
Alli, L.
Amos, B. (Lord President)
Andrews, B.
Archer of Sandwell, L.
Ashdown of Norton-sub-Hamdon, L.
Bagri, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Bernstein of Craigweil, L.
Bhatia, L.
Billingham, B.
Borrie, L.
Bragg, L.
Brooke of Alverthorpe, L.
Brookman, L.
Burlison, L.
Buscombe, B.
Campbell-Savours, L.
Carter, L.
Chandos, V.
Christopher, L.
Clark of Windermere, L.
Clement-Jones, L.
Clinton-Davis, L.
Cohen of Pimlico, B.
Corbett of Castle Vale, L.
Craigavon, V.
Crawley, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L. [Teller]
Dean of Thornton-le-Fylde, B.
Desai, L.
Dholakia, L.
Donoughue, L.
Dubs, L.
Elder, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Finlay of Llandaff, B.
Gavron, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Greengross, B.
Grocott, L. [Teller]
Hamwee, B.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskins, L.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Howarth of Breckland, B.
Howe of Idlicote, B.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Irvine of Lairg, L.
Jay of Paddington, B.
Jeger, B.
Jones, L.
Judd, L.
King of West Bromwich, L.
Layard, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lipsey, L.
Livsey of Talgarth, L.
Lockwood, B.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mar and Kellie, E.
Mason of Barnsley, L.
Miller of Chilthorne Domer, B.
Mitchell, L.
Morgan, L.
Morris of Aberavon, L.
Murray of Epping Forest, L.
Newby, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
Parekh, L.
Patel, L.
Patel of Blackburn, L.
Pendry, L.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Prys-Davies, L.
Puttnam, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Razzall, L.
Redesdale, L.
Rendell of Babergh, B.
Rennard, L.
Rodgers of Quarry Bank, L.
Rooker, L.
Roper, L.
Russell-Johnston, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Sharp of Guildford, B.
Shutt of Greetland, L.
Simon, V.
Smith of Clifton, L.
Smith of Leigh, L.
Stone of Blackheath, L.
Symons of Vernham Dean, B.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Turnberg, L.
Turner of Camden, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warwick of Undercliffe, B.
Whitaker, B.
Whitty, L.
Wilkins, B.
Williamson of Horton, L.
Winston, L.


Armstrong of Ilminster, L.
Attlee, E.
Boyce, L.
Burnham, L.
Carnegy of Lour, B.
Chalfont, L.
Chan, L.
Colwyn, L.
Cooke of Islandreagh, L.
Cox, B.
Dixon-Smith, L.
Elton, L.
Emerton, B.
Erroll, E.
Feldman, L.
Gray of Contin, L.
Harris of High Cross, L.
Harris of Peckham, L.
Jauncey of Tullichettle, L.
Kimball, L.
Kirkhill, L.
Laird, L.
Lindsay, E.
Liverpool, E.
Lofthouse of Pontefract, L.
Luke, L.
Lyell, L.
MacLaurin of Knebworth, L.
Maginnis of Drumglass, L.
Marlesford, L.
Masham of Ilton, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Montrose, D.
Naseby, L.
Northbrook, L.
O'Cathain, B. [Teller]
Palmer, L.
Plummer of St. Marylebone, L.
Reay, L.
Rees, L.
Renton, L.
Rotherwick, L.
Sanderson of Bowden, L.
Selsdon, L.
Shrewsbury, E.
Stewartby, L.
Stoddart of Swindon, L.
Strange, B.
Tebbit, L. [Teller]
Tombs, L.
Trefgarne, L.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Weatherill, L.
Willoughby de Broke, L.

Resolved in the affirmative and Motion agreed to accordingly.

10 Feb 2004 : Column 1092

Bill passed, and sent to the Commons.

        House adjourned at twenty-three minutes before seven o'clock.

10 Feb 2004 : Column GC483

Official Report of the Grand Committee on the

Energy Bill [HL]

(Seventh Day) Tuesday, 10 February 2004.

The Committee met at half past three of the clock.

[The Deputy Chairman of Committees (Lord Lyell) in the Chair.]

The Deputy Chairman of Committees (Lord Lyell): I remind the Committee that if there is a Division in the Chamber we shall adjourn for 10 minutes. The usual rules for a Committee in the Chamber apply.

Clause 90 [Other amendments consequential on Chapter 1 of Part 2]:

Baroness Miller of Chilthorne Domer moved Amendment No. 109C:

    Page 73, line 37, at end insert—

"( ) In section 8 of the Food and Environment Protection Act 1985 (c. 48) (licences), before subsection (1) insert—
"(A1) The Secretary of State shall by regulations made by statutory instrument make provision about applications under this section which are also applications under section 36 or 37 of the Electricity Act 1989, and in particular about—
(a) notices of application and supporting documentation required;
(b) how applications are to be made and considered;
(c) those competent authorities that should be consulted; and
(d) how appeals are to be brought and considered;
and any such regulations may make different provisions for different cases and circumstances.
(B1) A statutory instrument containing regulations under subsection (A1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.""

The noble Baroness said: I start from where we left off on the previous day in Grand Committee. The Minister was giving me a helpful reply to Amendment No. 109C. For the record and so that the matter is more comprehensible, I shall speak briefly to it again.

Amendment No. 109C would ensure that the rules are developed correctly for making and considering applications under the Food and Environment Protection Act 1985 that relate to offshore renewable energy installations. At the same time, I shall speak to Amendment No. 109D, which would give other competent authorities the opportunity to submit representations to a committee constituted under Schedule 3 of the Food and Environment Protection Act 1985.

As the Energy Bill amends the Electricity Act 1989, it is not entirely clear exactly what status actions will have under the Food and Environment Protection Act and whether all the provisions that we are considering

10 Feb 2004 : Column GC484

in this Bill will apply to the Food and Environment Protection Act. I believe that the Minister was saying that his department would consider regulations during this year. I look forward to hearing his explanation. I beg to move.

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