House of Lords Journal 238 (Session 2004-05)


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Thursday 2nd December 2004

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

The following Lords Spiritual and Temporal were present:

Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackwell, L.
Blaker, L.
Blatch, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Boyce, L.
Brabazon of Tara, L.
Bradshaw, 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.
Burnham, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chester, Bp.
Chorley, L.
Christopher, 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.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, 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.
Drayson, L.
Dubs, L.
Dundee, E.
Dykes, L.
Eames, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Fellowes, L.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Gilbert, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.

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Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Howarth of Breckland, B.
Howe, E.
Howe of Idlicote, B.
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 Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Jopling, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.
Laird, L.
Laming, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luce, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mallalieu, B.
Manchester, Bp.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moore of Wolvercote, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Moser, 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.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
Ouseley, L.
Palmer, L.
Parkinson, L.
Patel, L.
Patel of Blackburn, L.
Paul, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prior, L.
Prosser, B.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
Sainsbury of Turville, 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.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Steinberg, L.
Stern, B.
Stewartby, L.
Stokes, L.
Stone of Blackheath, L.
Strabolgi, L.
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.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.

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Vallance of Tummel, L.
Vincent of Coleshill, L.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Watson of Richmond, L.
Weatherill, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, 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 Manchester.

1.Earldom of Iddesleigh in the Peerage of the United Kingdom—The Lord Chancellor reported that John Stafford Northcote had established his succession to the Earldom of Iddesleigh. The Clerk of the Parliaments was accordingly directed to enter the Earl of Iddesleigh on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

2.Sirius International Insurance Company (Publ) (Appellants) v. FAI General Insurance Limited and others (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 6th 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 4th April 2003 (as amended on 30th April 2003) be set aside and the Order of Mr Justice Jacob in the High Court (Chancery Division) (Companies Court) of 23rd July 2002 restored; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2004] UKHL 54
3.R (on the application of C (FC) and another (FC)) (children acting through their father and litigation friend) (Petitioners) v. Secretary of State for the Foreign and Commonwealth Office (Respondent)—The petition of C and D praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged.
4.Zafar (Petitioner) v. Director of Public Prosecutions (Respondent)—The petition of Mahmud Zafar praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
5.Regina v. Secretary of State for Foreign and Commonwealth Affairs (Appellant) ex parte Quark Fishing Limited (Respondents)—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 17th January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
6.Regina v. Secretary of State for Foreign and Commonwealth Affairs (Respondent) ex parte Quark Fishing Limited (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 17th January 2005 (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
7.Appeal Committee—The following Order was made pursuant to the 109th Report, Session 2003–04:

Regina v. Secretary of State for the Home Department (Petitioner) ex parte Tum (FC) (Respondent) and one other action—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: “Is Article 41(1) of the Additional Protocol to the Association Agreement signed at Brussels on 23rd November 1970 to be interpreted as prohibiting a Member State from introducing new restrictions, as from the date on which that Protocol entered into force in that Member State, on the conditions of and procedure for entry to its territory for a Turkish national seeking to establish himself in business in that Member State?”; that, in accordance with Article 55(2) of the Rules of Procedure of the Court of Justice, the President of the Court be requested to give the disposal of the reference for a preliminary ruling in this case priority over other cases in view of the special circumstances of this case; and that further consideration of the petition for leave to appeal be adjourned pending the preliminary ruling from the Court of Justice of the European Communities.

The House was adjourned during pleasure.

The House was resumed.

Papers

8.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Departmental Performance—Performance Reports for—

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(i)Department for Environment, Food and Rural Affairs;(6396)
(ii)Department for Education and Skills;(6399)
(iii)Department for Transport;(6403)
(iv)Department for International Development;(6405)
(v)Office of the Deputy Prime Minister;(6421)
(vi)Home Office;(6423)
2.Budget—Pre-Budget Report, Opportunity for all: The strength to take the long-term decisions for Britain;
 (6408)
3.Contingent Liability—
(i)Indemnity to Members of the Flood Defence Committee;(—)
(ii)Indemnity to Retired Members of the Environment Agency Pension Committee;(—)
(iii)Minute from the Ministry of Defence on Contingent Liability for Opening Basra Airport;(—)
4.Defence—Minute from the Ministry of Defence Concerning the Gifting of Military Equipment to the Iraqi Interim Government.
9.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004, laid under the Local Government Finance Act 1988, together with an Explanatory Memorandum.

10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Race Relations Act 1976 (Statutory Duties) Order 2004—(3125)
(ii)Race Relations Act 1976 (General Statutory Duty) Order 2004—(3127)
 laid under the Race Relations Act 1976;
2.Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2004, laid under the Public Lending Right Act 1979.
 (3128)
11.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
(i)Accounts for 2002–03 of the Northern Ireland Social Care Council—
(ii)Accounts for 2002–03 of the Northern Ireland Practice and Education Council for Nursing and Midwifery—
(iii)Accounts for 2003–04 of the Department of Finance and Personnel—
(iv)Accounts for 2003–04 of the Northern Ireland Social Care Council—
(v)Accounts for 2003–04 of the Northern Ireland Practice and Education Council for Nursing and Midwifery—
laid under the Northern Ireland Act 2000.

Public Business

12.Queen’s Speech—The Queen’s answer to the Address of 30th November last was delivered by the Lord Chamberlain (Lord Luce) and read, as follows:

I have received with great satisfaction the dutiful and loyal expression of your thanks for the speech with which I opened the present Session of Parliament.

13.Liaison Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to advise the House on the resources required for select committee work and to allocate resources between select committees; to review the select committee work of the House; to consider requests for ad hoc committees and report to the House with recommendations; to ensure effective co-ordination between the two Houses; and to consider the availability of Lords to serve on committees;

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. Geddes
B. Hayman
L. Kimball
L. McNally
L. Moser
B. Pitkeathley
B. Scott of Needham Market
L. Strathclyde
L. Williamson of Horton;

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

That the Committee have power to appoint specialist advisers;

the motion was agreed to.

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14.Privileges—It was moved by the Chairman of Committees that a Committee for Privileges be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees and any four Lords of Appeal be named of the Committee:
B. Amos (Lord President)
L. Brooke of Sutton Mandeville
L. Browne-Wilkinson
L. Carlisle of Bucklow
L. Cope of Berkeley
L. Graham of Edmonton
L. Grocott
L. Mackay of Clashfern
L. McNally
L. Marsh
L. Merlyn-Rees
L. Roper
L. Strabolgi
L. Strathclyde
L. Williamson of Horton;

That the Committee have power to appoint sub-committees and that such sub-committees have power to appoint their own Chairmen;

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

the motion was agreed to.

15.Procedure of the House—It was moved by the Chairman of Committees that the Select Committee on Procedure of the House be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Addington
L. Alderdice
B. Amos (Lord President)
B. Blatch
V. Bledisloe
L. Brooke of Sutton Mandeville
V. Brookeborough
L. Burnham
L. Cope of Berkeley
B. David
L. Donaldson of Lymington
L. Dubs
L. Falconer of Thoroton
(Lord Chancellor)
L. Geddes
L. Grenfell
L. Grocott
L. Hoyle
L. Jopling
L. Kimball
L. McNally
L. Roper
L. Snape
L. Strathclyde
B. Symons of Vernham Dean
L. Wakeham
B. Warnock
L. Williams of Elvel
L. Williamson of Horton;

the motion was agreed to.

16.Refreshment—It was moved by the Chairman of Committees that a Select Committee be appointed to advise on the refreshment services provided for the House, within financial limits approved by the House Committee;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee;

L. Borrie
L. Davies of Oldham
L. Denham
B. Fookes (Chairman)
B. Gould of Potternewton
B. Harris of Richmond
L. Palmer
L. Redesdale
B. Rendell of Babergh
Ly. Saltoun of Abernethy
B. Strange
L. Wade of Chorlton;

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

the motion was agreed to.

17.House Committee—It was moved by the Chairman of Committees that the 2nd Report from the Select Committee be agreed to; the motion was agreed to. (HL Paper 196, Session 2003–04)
18.Sexual equality (EUC Report)— It was moved by the Lord Williamson of Horton that this House takes note of the Report of the European Union Committee on Sexual Equality in Access to Goods and Services (27th Report, Session 2003–04, HL Paper 165); after debate, the motion was agreed to.
19.Regulatory state—It was moved by the Lord Norton of Louth that this House takes note of the Report of the Select Committee on the Constitution on the Regulatory State: Ensuring its Accountability (6th Report, Session 2003–04, HL Paper 68); after debate, the motion was agreed to.
20.World Trade Organization (EUC Report)— It was moved by the Lord Radice that this House takes note of the Report of the European Union Committee on The World Trade Organization: the role of the EU post-Cancún (16th Report, Session 2003–04, HL Paper 104); after debate, the motion was agreed to.

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