House of Lords Journal 238 (Session 2004-05)


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Page 34

2004-05

Volume 238      

Monday 6th 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.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
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.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Blaker, L.
Bledisloe, V.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brennan, L.
Brett, L.
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.
Caithness, E.
Cameron of Lochbroom, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chadlington, L.
Chalker of Wallasey, B.
Chapman, B.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cockfield, L.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Craigavon, V.
Crathorne, L.
Crickhowell, L.
Currie of Marylebone, L.
Darcy de Knayth, B.
David, B.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Feldman, L.
Fitt, L.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
George, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Golding, B.
Goodhart, L.
Goschen, V.
Goudie, B.
Grantchester, L.
Greengross, B.
Greenway, L.
Gregson, 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.
Hattersley, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
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.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Laidlaw, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
McAlpine of West Green, L.
McDonagh, B.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, L.
MacGregor of Pulham Market, L.

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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.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Moore of Wolvercote, L.
Moran, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nickson, L.
Noakes, B.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Owen, L.
Oxford, Bp.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prior, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, 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.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rogan, L.
Roll of Ipsden, L.
Roper, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Salisbury, Bp.
Saltoun of Abernethy, Ly.
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.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strange, B.
Strathclyde, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thomas of Macclesfield, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Walmsley, B.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
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.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Salisbury.

Judicial Business

1.Secretary of State for the Home Department (Respondent) v. Hindawi and another (Petitioner) (FC)—The petition of Prince Charles Headley praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
2.R v. Longworth (Petitioner)—The petition of Gary Dean Longworth praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 25th November).

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3.Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant)—The petition of the Office of the United Nations High Commissioner for Refugees praying for leave to intervene in the said appeal by way of written submissions only was presented and referred to an Appeal Committee.
4.In re B (FC) (Appellant) (2002)—The petition of the Office of the United Nations High Commissioner for Refugees praying for leave to intervene in the said appeal by way of written submissions only was presented and referred to an Appeal Committee.
5.Serco Limited (Respondents) v. Lawson (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
6.Regina v. Mercieca (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
7.Barker (Respondent) v. Saint Gobain Pipelines plc (Appellants)—
8.Patterson (son and executor of the estate of J Patterson (deceased)) (Respondent) v. Smiths Dock Limited (Appellants) and others—
9.Murray (widow and executrix of the estate of John Lawrence Murray (deceased)) (Respondent) v. British Shipbuilders (Hydrodynamics) Limited (Appellants) and others and others (Appellants)—

(Conjoined Appeals)—

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 respondents consenting thereto) was presented; and it was ordered as prayed.

10.Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Kehoe (FC) (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 10th January 2005 (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
11.Regina v. Secretary of State for Foreign and Commonwealth Affairs (Appellant) ex parte Quark Fishing Limited (Respondents)—
12.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 appeals be conjoined; that they be allowed to lodge separate statements and cases and one appendix in respect of the two appeals; and that the respondents have leave to lodge separate cases (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

Papers

13.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:

Departmental Performance—Performance Report for—

(i)Department for Constitutional Affairs; (3rd December)
 (6391)
(ii)Crown Prosecution Service. (3rd December)
 (6398)
14.Statutory Instruments (Standing Order 71)— The following negative instruments, having been laid before the House on 3rd December, were ordered to lie on the Table:
1. (i)Tyne Metropolitan College (Incorporation) Order 2004—(3108)
(ii)Tyne Metropolitan College (Government) Regulations 2004—(3109)
 laid under the Further and Higher Education Act 1992;
2. (i)Anglian Regional Flood Defence Committee (Abolition) Order 2004—(3163)
(ii)Wessex Regional Flood Defence Committee Order 2004—(3164)
(iii)Southern Regional Flood Defence Committee Order 2004—(3165)
 laid under the Environment Act 1995;
3. (i)Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 3) Order 2004—(3167)
(ii)Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2004—(3169)
 laid under the Criminal Justice and Police Act 2001;
4.Immigration (Exemption from Control) (Amendment) Order 2004, laid under the Immigration Act 1971;
 (3171)
5.Town and Country Planning (Electronic Communications) (Wales) (No. 3) Order 2004, laid under the Electronic Communications Act 2000.
 (3172)

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15.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Marketing Authorisations for Veterinary Medicinal Products (Revocation of Confidentiality Provision) Regulations 2004, laid under the European Communities Act 1972;
 (3193)
2. (i)Building Societies (Accounts and Related Provisions) (Amendment) Regulations 2004—(3199)
(ii)Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004—(3200)
 laid under the Building Societies Act 1986;
3.Amendments to Charter and Statutes of Templeton College Oxford, laid under the Universities of Oxford and Cambridge Act 1923.
 (—)
16.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Report and Accounts for 2003–04 of the United Kingdom Film Council, laid under the National Lottery etc. Act 1993.

Public Business

17.Administration and Works—It was moved by the Chairman of Committees that a Select Committee be appointed to consider administrative services, accommodation and works, including works relating to security, within financial limits approved by the House Committee;

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

Bp. Chelmsford
L. Cope of Berkeley
B. Darcy de Knayth
L. Dixon
L. Grocott
L. Kirkham
B. McFarlane of Llandaff
E. Mar and Kellie
L. Roper
L. Shaw of Northstead
B. Wilkins
L. Williamson of Horton;

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

the motion was agreed to.

18.Works of Art—It was moved by the Chairman of Committees that a Select Committee be appointed to administer the House of Lords Works of Art Collection Fund; and to consider matters relating to works of art and the artistic heritage in the House of Lords, 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. Bernstein of Craigweil
V. Chandos
L. Cobbold
L. Crathorne (Chairman)
L. Eames
L. Luke
E. Onslow
L. Redesdale
L. Rees
L. Rees-Mogg
L. Tordoff
B. Warwick of Undercliffe;

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

the motion was agreed to.

19.Hybrid Instruments—It was moved by the Chairman of Committees that a Select Committee be appointed to consider hybrid instruments and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Campbell of Alloway
V. Craigavon
B. Fookes
L. Grantchester
L. Harrison
L. Luke
L. Sandberg;

the motion was agreed to.

20.Personal Bills—It was moved by the Chairman of Committees that a Select Committee be appointed to consider personal bills and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
V. Allenby of Megiddo
L. Geddes
V. Simon
L. Slynn of Hadley
L. Templeman
B. Thomas of Walliswood;

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the motion was agreed to.

21.Standing Orders (Private Bills)— It was moved by the Chairman of Committees that a Select Committee on the Standing Orders relating to private bills 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. Geddes
B. Gould of Potternewton
L. Greaves
L. Luke
L. Naseby
L. Palmer
V. Simon;

the motion was agreed to.

22.Agriculture (Northern Ireland) Order 2004—It was moved by the Baroness Farrington of Ribbleton that the draft Order be referred to a Grand Committee; the motion was agreed to.
23.Financial Provisions (Northern Ireland) Order 2004—It was moved by the Baroness Farrington of Ribbleton that the draft Order be referred to a Grand Committee; the motion was agreed to.
24.Disability Discrimination Bill [HL]— It was moved by the Baroness Hollis of Heigham that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
25.Extradition to the United States—The Lord Goodhart asked Her Majesty’s Government whether they will reconsider the current legal provisions governing extradition to the United States; after debate, the question was answered by the Lord Bassam of Brighton.

The House was adjourned at twelve minutes before seven o’clock
till tomorrow, half-past two o’clock.