House of Lords Journal 238 (Session 2004-05)


Previous Next

Page 24

2004-05

Volume 238      

Wednesday 1st December 2004

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Addington, L.
Ahmed, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bernstein of Craigweil, L.
Best, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carr of Hadley, L.
Carrington, L.
Carter, L.
Chalker of Wallasey, B.
Chandos, V.
Chester, Bp.
Chorley, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Coventry, Bp.
Cox, B.
Craig of Radley, L.
Crathorne, L.
Crickhowell, L.
Cuckney, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
D’Souza, B.
Dundee, E.
Dykes, L.
Eatwell, L.
Eden of Winton, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
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.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Gibson of Market Rasen, B.
Gilbert, L.
Glenarthur, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Hattersley, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Hope of Craighead, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jellicoe, E.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Judd, L.

Page 25

2004-05

Volume 238

Back to top

Kalms, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Laird, L.
Laming, L.
Lang of Monkton, L.
Lea of Crondall, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Liverpool, E.
Livsey of Talgarth, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
Maddock, B.
Maginnis of Drumglass, L.
Manchester, Bp.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Merlyn-Rees, L.
Methuen, L.
Michie of Gallanach, B.
Miller of Chilthorne Domer, B.
Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moore of Wolvercote, L.
Morgan, L.
Morris of Aberavon, L.
Morris of Bolton, B.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
Ouseley, L.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Platt of Writtle, B.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Powell of Bayswater, L.
Prior, L.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rogers of Riverside, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, 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.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Stokes, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Windlesham, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Norwood Green, L.


Page 26

2004-05

Volume 238

Back to top

PRAYERS were read by the Lord Bishop of Manchester.

1.Barony of Abinger in the Peerage of the United Kingdom—The Petition of James Harry Scarlett claiming to have succeeded to the Barony of Abinger in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Abinger 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 11.
2.Viscountcy of Oxfuird in the Peerage of Scotland—The Lord Chancellor reported that Ian Alexander Arthur Makgill had established his succession to the Viscountcy of Oxfuird. The Clerk of the Parliaments was accordingly directed to enter the Viscount of Oxfuird on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

3.Regina v. Smith (Appellant) (2004) (No. 2) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
4.Autologic Holdings plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
5.BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
6.The Future Network plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
7.Perkins Engines Company Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
8.HJ Heinz Company Inc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
9.British Telecommunications plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 13th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
10.Appeal Committee—The 5th Report from the Appeal Committee was agreed to and the following Orders were made—

Serco Limited (Respondents) v. Lawson (Appellant)—That the petition of the Foreign and Commonwealth Office that they might be heard or otherwise intervene in the said appeal be allowed.

AE (FC) and another (Appellants) v. Secretary of State for the Home Department (Respondent)—That the petition of the Office of the United Nations High Commissioner for Refugees that they might be heard or otherwise intervene in the said appeal be allowed.

11.Appeal Committee—The 6th Report from the Appeal Committee was agreed to and the following Orders were made—

Mahajan (Petitioner) v. Department for Constitutional Affairs (Respondents)—That leave to appeal be refused.

R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (First application)—That leave to appeal be refused.

R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (Second application)—That leave to appeal be refused.

R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (Third application)—That leave to appeal be refused.

Page 27

2004-05

Volume 238

Back to top

R (on the application of Mahajan) (Applicant) v. Central London County Court (Respondents) (Fourth application)—That the petition be dismissed as inadmissible.

Kosky Seal & Co (Respondents) v. Mahajan (Applicant)—That the petition be dismissed as inadmissible.

Papers

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2004, laid under the Food Safety Act 1990;
 (3113)
2.Private Security Industry Act 2001 (Repeal and Revocation) Order 2004, laid under the Private Security Industry Act 2001.
 (3145)
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Accounts for 2003–04 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General;
(i)Easington and Seaham—
(ii)East Cleveland—
(iii)Great Yarmouth—
(iv)North Stockton—
(v)Peterlee—
(vi)South Bradford—
(vii)South East Sheffield—
 laid under the School Standards and Framework Act 1998;
2.Report and Accounts for 2003–04 of the Fire Authority for Northern Ireland, laid under the Northern Ireland Act 2000.

Select Committee Reports

14.Human Rights—The following Reports from the Joint Committee were made and ordered to be printed:

Protocol No. 14 to the European Convention on Human Rights, together with appendices; (First Report—HL Paper 8)

Draft Criminal Justice Act 2003 (Categories of Offences) Order 2004, together with an appendix. (2nd Report–HL Paper 9)

Public Business

15.Business of the House—It was moved by the Lord President (Baroness Amos) that the debates on the motions in the names of the Baroness Gardner of Parkes and the Lord Hanningfield set down for today shall each be limited to 2½ hours; the motion was agreed to
16.Constitution Committee—It 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. Bledisloe
L. Carter
L. Elton
B. Gould of Potternewton
B. Hayman
L. Holme of Cheltenham (Chairman)
L. Lang of Monkton
L. MacGregor of Pulham Market
B. O’Cathain
E. Sandwich
L. Smith of Clifton;

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;

That the minutes of evidence taken before the Constitution Committee in the last session of Parliament be referred to the Committee;

That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

the motion was agreed to.

Page 28

2004-05

Volume 238

Back to top

17.House Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to supervise the general administration of the House and guide the work of the Management Board; to agree the annual Estimates, Supplementary Estimates and the three-year spending forecasts; to approve the House of Lords Annual Report; and to approve changes in employment policy;

That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee;

B. Amos (Lord President)
L. Barnett
L. Burlison
L. Hunt of Wirral
L. Lloyd of Berwick
L. McNally
L. Renfrew of Kaimsthorn
L. Sharman
L. Strathclyde
L. Williamson of Horton;

That the Committee have leave to report from time to time;

That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;

the motion was agreed to.

18.Science and Technology—It was moved by the Chairman of Committees that a Select Committee be appointed to consider science and technology and that, as proposed by the Committee of Selection, the following Lords be named of the Select Committee:
L. Broers (Chairman)
B. Finlay of Llandaff
L. Mitchell
L. Patel
L. Paul
B. Perry of Southwark
B. Platt of Writtle
B. Sharp of Guildford
L. Soulsby of Swaffham Prior
L. Sutherland of Houndwood
L. Taverne
L. Turnberg
L. Winston
L. Young of Graffham;

That the Committee have power to appoint sub-committees and that the Committee have power to appoint the Chairmen of sub-committees;

That the Committee have power to co-opt any Lord for the purposes of serving on the Committee or any sub-committee;

That the Committee have leave to report from time to time;

That the Committee and any sub-committee have power to adjourn from place to place;

That the Committee and any sub-committee have power to appoint specialist advisers;

That the minutes of evidence taken before the Science and Technology Committee or any sub-committee in the last session of Parliament be referred to the Committee;

That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

the motion was agreed to.

19.Deputy Chairmen of Committees—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed as the panel of Lords to act as Deputy Chairmen of Committees for this session:
V. Allenby of Megiddo
L. Ampthill
L. Boston of Faversham
L. Brougham and Vaux
L. Carter
L. Cope of Berkeley
L. Elton
B. Fookes
L. Geddes
B. Gould of Potternewton
L. Grocott
L. Haskel
B. Hooper
B. Lockwood
L. Lyell
C. Mar
B. Pitkeathley
B. Ramsay of Cartvale
V. Simon
B. Thomas of Walliswood
L. Tordoff
B. Turner of Camden
V. Ullswater;

the motion was agreed to.

20.Hospital-acquired infections (2½-hour debate)— It was moved by the Baroness Gardner of Parkes that there be laid before the House papers relating to Government health policies, with particular reference to initiatives designed to reduce hospital-acquired infections; after debate, the motion was (by leave of the House) withdrawn.

Page 29

2004-05

Volume 238

Back to top

21.Regional agencies and bodies (2½-hour debate)— It was moved by the Lord Hanningfield that there be laid before the House papers relating to the current status of the regional agencies and bodies, and to the case for returning their responsibilities to elected local government; after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at fourteen minutes past seven o’clock
till tomorrow, a quarter before ten o’clock for judicial business,
eleven o’clock for public business.