House of Lords Journal 238 (Session 2004-05)


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Thursday 25th November 2004

The House met at a quarter before ten o’clock.

The following Lords Spiritual and Temporal were present:

Addington, L.
Ahmed, L.
Alderdice, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Blackwell, L.
Blaker, L.
Blood, B.
Bonham-Carter of Yarnbury, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Broers, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Burnham, L.
Buscombe, B.
Byford, B.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carter, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Desai, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
Dubs, L.
Durham, Bp.
Dykes, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Fitt, L.
Forsyth of Drumlean, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Grocott, L.
Hamwee, B.
Hanham, B.

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Hanningfield, L.
Harris of Haringey, L.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Hattersley, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howe, E.
Howe of Idlicote, B.
Howell of Guildford, L.
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.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jellicoe, E.
Joffe, L.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lea of Crondall, L.
Leitch, L.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McCluskey, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Manchester, L.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northfield, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. John of Bletso, L.
Sandberg, L.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Sheppard of Didgemere, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Steinberg, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thatcher, B.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.

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Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1.Jindal Iron and Steel Co Limited and others (Appellants) and others v. Islamic Solidarity Shipping Company Jordan Inc (Respondents)— It was moved by the Lord Bingham of Cornhill, That the 1st 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 13th February 2003 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. [2004] UKHL 49
2.Regina v. Montila and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division))— The 2nd Report from the Appellate Committee was made and ordered to be printed (HL Paper 3). It was moved by the Lord Bingham of Cornhill, That the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Order of the Court of Appeal Criminal Division of 8th September 2003 be set aside and the ruling of His Honour Judge Van Der Bijl in the Crown Court at Maidstone of 19th December 2002 restored; that the question certified by the Court of Appeal on 3rd November 2003 be answered in the affirmative; and that, in accordance with the Representation Order granted by the Court of Appeal Criminal Division on 3rd November 2003, the costs of the appellants in this House be paid by the Legal Services Commission in accordance with the Access to Justice Act 1999 and the Criminal Defence Service (General) Regulations 2001, the amount of such costs to be certified by the Clerk of the Parliaments. [2004] UKHL 50
3.Barclays Mercantile Business Finance Limited (Respondents) v. Mawson (Her Majesty’s Inspector of Taxes) (Appellant)— The 3rd Report from the Appellate Committee was made and ordered to be printed (HL Paper 4). It was moved by the Lord Nicholls of Birkenhead, That the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 13th December 2002 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. [2004] UKHL 51
4.Her Majesty’s Commissioners of Inland Revenue (Appellants) v. Scottish Provident Institution (Respondents) (Scotland)— The 4th Report from the Appellate Committee was made and ordered to be printed (HL Paper 5). It was moved by the Lord Nicholls of Birkenhead, That the Report be agreed to; the motion was agreed to. It was ordered and adjudged that the Interlocutors of the Inner House of the Court of Session as the Court of Exchequer in Scotland of 3rd July 2003 and 26th September 2003 be recalled; that the cause be remitted back to the Special Commissioners to proceed in accordance with the Report of the Appellate Committee; and that the respondents do pay to the appellants their expenses in the Court of Session and their costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2004] UKHL 52
5.Beynon and Partners (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Appellants)— It was moved by the Lord Nicholls of Birkenhead, That the 5th 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 20th December 2002 be set aside save for its order for costs in the Court of Appeal and below; that the Order of Mr Justice Lawrence Collins in the High Court (Chancery Division) of 27th March 2002 (as amended by the Order of 23rd July 2002) and the decision of Manchester VAT Tribunal of 5th June 2001 be restored save as to costs; and that there be no order for costs in this House. [2004] UKHL 53
6.R (on the application of PD) (Petitioner) v. West Midlands & North West Mental Health Review Tribunal (Respondents)— The petition of PD praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.

The House was adjourned during pleasure.

The House was resumed.

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Papers

7.Paper withdrawn—The following paper, laid before the House on 16th November, was withdrawn:

Report for 2003 of the Registrar General Northern Ireland.

8.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Petroleum—Exchange of Notes between the United Kingdom and Norway concerning the Playfair and Boa Petroleum Fields;
 (6412)
2.Health—Report and Accounts for 2003–04 of the Human Fertilisation and Embryology Authority, together with a Supplementary Statement by the Comptroller and Auditor General.
 (—)
9.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Financial Provisions (Northern Ireland) Order 2004, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.

10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.European Communities (Designation) (No. 6) Order 2004, laid under the European Communities Act 1972;
 (3037)
2.Education (School Organisation Proposals) (Miscellaneous Amendments) (England) Regulations 2004, laid under the School Standards and Framework Act 1998;
 (3052)
3.Local Authorities (Capital Finance and Accounting) (Amendment) (England) (No. 2) Regulations 2004, laid under the Local Government Act 2003;
 (3055)
4.Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2004, laid under the Local Government Finance Act 1988;
 (3057)
5.Contaminants in Food (England) Regulations 2004, laid under the Food Safety Act 1990.
 (3062)
11.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 2003–04 of the Criminal Cases Review Commission, laid under the Criminal Appeal Act 1995;
2.Code of Practice on the Discharge of Public Authorities’ Functions Under the Freedom of Information Act 2000, laid under that Act.
3.Report and Accounts for 2003–04 of the Arts Council of Northern Ireland National Lottery Fund, laid under the National Lottery etc. Act 1993.

Select Committee Report

12.Committee of Selection—The First Report from the Committee was made and ordered to be printed. (HL Paper 6)

Public Business

13.Disability Discrimination Bill [HL]— A bill to amend the Disability Discrimination Act 1995; and for connected purposes was presented by the Lord Grocott on behalf of the Baroness Hollis of Heigham, read a first time and ordered to be printed. (HL Bill 6)
14.Disability Discrimination Bill [HL]— It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 6-EN)
15.Inquiries Bill [HL]— A bill to make provision about the holding of inquiries was presented by the Lord Evans of Temple Guiting on behalf of the Lord Falconer of Thoroton, read a first time and ordered to be printed. (HL Bill 7)
16.Inquiries Bill [HL]— It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 7-EN)
17.Borough Freedom (Family Succession) Bill [HL]— A bill to make new provision relating to admission to borough freedom was presented by the Lord Graham of Edmonton, read a first time and ordered to be printed. (HL Bill 8)
18.Renewable Energy Bill [HL]— A bill to make provision about the microgeneration of electricity; to provide for small renewable energy developments to be classed as permitted development; and to provide for a renewables obligation for public suppliers of energy other than electricity suppliers was presented by the Lord Redesdale, read a first time and ordered to be printed. (HL Bill 9)

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19.Queen’s Speech—The debate on the Motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned to Monday next.

The House was adjourned at eleven minutes before five o’clock
to Monday next, half-past two o’clock.