House of Lords Journal 238 (Session 2004-05)


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Thursday 9th December 2004

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

The following Lords Spiritual and Temporal were present:

Ackner, L.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.

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Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhattacharyya, L.
Biffen, L.
Birt, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, 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.
Butler of Brockwell, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Chalker of Wallasey, B.
Chan, L.
Chandos, V.
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.
Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
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.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Giddens, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Henig, B.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooson, 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.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jopling, L.
Judd, L.
Kalms, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lofthouse of Pontefract, L.
Luke, L.
McAlpine of West Green, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
May of Oxford, 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.
Morgan of Drefelin, B.
Morris of Aberavon, L.

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Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbourne, L.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Onslow, E.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
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.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Rana, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rochester, Bp.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Salisbury, Bp.
Saltoun of Abernethy, Ly.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Stern, B.
Stevens of Ludgate, L.
Strabolgi, L.
Strange, B.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vallance of Tummel, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warnock, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Willoughby de Broke, 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 Salisbury.

Judicial Business

1.Regina v. Immigration Officer at Prague Airport and another (Respondents) ex parte European Roma Rights Centre and another (FC) and another and others (FC) (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 7th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be dismissed insofar as it relates to the asylum issue but allowed insofar as it relates to the discrimination issue; that the Order of the Court of Appeal of 20th May 2003 and the Order of Mr Justice Burton in the High Court (Queen’s Bench Division) (Administrative Court) of 10th October 2002 be set aside; that it be declared that “United Kingdom Immigration Officers operating under the authority of the Home Secretary at Prague Airport discriminated against Roma who were seeking to travel from that airport to the United Kingdom by treating them less favourably on racial grounds than they treated others who were seeking to travel from that airport to the United Kingdom, contrary to section 1(1)(a) of the Race Relations Act 1976”; that the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the publicly funded appellants in this House be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 55

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2.R (on the application of Jones and others) (Respondents) v. Ceredigion County Council (Appellants) (Civil Appeal from Her Majesty’s High Court of Justice) (England)—The appeal of Ceredigion County Council was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 20th January 2005 (lodged 8th December).
3.Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
4.Deep Vein Thrombosis and Air Travel Group Litigation (8 actions) (formerly 24 actions)—The appeal was set down for hearing and referred to an Appellate Committee.
5.Matthews and others (Appellants) v. Kent and Medway Towns Fire Authority and others (Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order (lodged 1st December).
6.Appeal Committee—The 7th Report from the Appeal Committee was agreed to and the following Orders were made—

Regina v. Special Adjudicator (Respondent) ex parte Hoxha (FC) (Appellant)—That the petition of the Office of the United Nations High Commissioner for Refugees that they might intervene in the said appeal by way of written submissions only be allowed.

In re B (FC) (Appellant) (2002)—That the petition of the Office of the United Nations High Commissioner for Refugees that they might intervene in the said appeal by way of written submissions only be allowed.

The House was adjourned during pleasure.

The House was resumed.

Papers

7.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Health—
(i)Fifth Report of the Shipman Enquiry: Safeguarding Patients: Lessons From the Past—Proposals For the Future;(6394)
(ii)Government Response to the Fourth Report of the Shipman Enquiry: Safer Management of Controlled Drugs;(6434)
2.Departmental Performance—Performance Report for—
(i)HM Treasury—(6395)
(ii)Department for Work and Pensions;(6397)
3.Civil Contingencies—Civil Contingencies Act 2004: Consultation on the Draft Regulations and Guidance: Government consultation document;
 (6401)
4.Electoral Law—
(i)Government Response to the Report of the Electoral Commission: Voting for Change—An electoral law modernisation programme;(6426)
(ii)Government Response to the Report of the Electoral Commission: Delivering Democracy? The future of postal voting;(6436)
5.NATO—Protocols to the North Atlantic Treaty on the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, the Slovak Republic and Slovenia.
 (6428)
8.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005, laid under the Local Government Act 2000, together with an Explanatory Memorandum;
2.Draft Representation of the People (Variation of Limits of Candidates’ Election Expenses) (City of London) Order 2005, laid under the Representation of the People Act 1983, together with an Explanatory Memorandum;
3. (i)Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005, together with an Explanatory Memorandum—
(ii)Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2005, together with an Explanatory Memorandum—
(iii)Draft Scotland Act 1998 (River Tweed) Order 2005, together with an Explanatory Memorandum—
 laid under the Scotland Act 1998.

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9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Rail Vehicle Accessibility (South West Trains Class 444 and Class 450 Vehicles) Exemption (Amendment) Order 2004—(3139)
(ii)Rail Vehicle Accessibility (South Central Class 377/4) Exemption Order 2004—(3198)
 laid under the Disability Discrimination Act 1995;
2.Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004, laid under the Fire and Rescue Services Act 2004;
 (3168)
3. (i)Goods Vehicle Operators (Qualifications) (Amendment) Regulations 2004—(3222)
(ii)Public Service Vehicle Operators (Qualifications) (Amendment) Regulations 2004—(3223)
 laid under the European Communities Act 1972;
4.Electricity (Exemption from the Requirement for a Generation Licence) (Scotland) Order 2004, laid under the Electricity Act 1989;
 (3225)
5.Consumer Credit Act 1974 (Electronic Communications) Order 2004, laid under the Electronic Communications Act 2000;
 (3236)
6.Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004, laid under the Consumer Credit Act 1974;
 (3237)
7.International Criminal Court Act 2001 (Elements of Crimes) (No. 2) Regulations 2004, laid under the International Criminal Court Act 2001;
 (3239)
8.Artificial Insemination of Cattle (Animal Health) (England and Wales) (Amendment) (England) Regulations 2004, laid under the Animal Health and Welfare Act 1984;
 (3231)
9. (i)Protection of Wrecks (Designation) (England) (No. 3) Order 2004—(3243)
(ii)Protection of Wrecks (Designation) (England) (No. 2) Order 2004—(3249)
 laid under the Protection of Wrecks Act 1973;
10.Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, laid under the Data Protection Act 1998.
 (3244)
10.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 Sports Council for Wales, laid under the National Lottery etc. Act 1993.

Public Business

11.European Union—It was moved by the Chairman of Committees that the Lord Blackwell be appointed a member of the Select Committee; the motion was agreed to.
12.Information—It was moved by the Chairman of Committees that the Lord Chadlington be appointed a member of the Select Committee; the motion was agreed to.
13.Statutory Instruments—It was moved by the Chairman of Committees that the Lord Howard of Rising be appointed a Lords member of the Joint Committee on Statutory Instruments; the motion was agreed to.
14.Tax Law Rewrite Bills—It was moved by the Chairman of Committees that a Select Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider tax law rewrite bills, and in particular to consider whether each bill committed to it preserves the effect of the existing law, subject to any minor changes which may be desirable;

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

L. Blackwell
B. Cohen of Pimlico
L. Goodhart
L. Haskel
L. Howe of Aberavon
L. Millett;

That the Committee have power to agree with the Commons in the appointment of a Chairman;

That the quorum of the Committee shall be two;

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

That the Committee have power to appoint specialist advisers;

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

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That the procedure of the Joint Committee shall follow the procedure of select committees of the House of Commons when such procedure differs from that of select committees of this House, and shall include the power of the chairman to select amendments;

the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

15.Inquiries Bill [HL]—It was moved by the Baroness Ashton of Upholland, on behalf of the Lord Falconer of Thoroton, 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.
16.Criminal Defence Service (Choice in Very High Cost Cases) (Amendment No. 2) Regulations 2004—It was moved by the Baroness Ashton of Upholland that the draft Regulations laid before the House on 21st October be approved; after debate, the motion was agreed to.
17.Institute of Trade Mark Attorneys Order 2004—It was moved by the Baroness Ashton of Upholland that the draft Order laid before the House on 3rd November be approved; after debate, the motion was agreed to.
18.Freedom of Information (Time for Compliance with Request) Regulations 2004—It was moved by the Baroness Ashton of Upholland that the draft Regulations laid before the House on 4th November be approved; after debate, the motion was agreed to.
19.Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004—It was moved by the Baroness Ashton of Upholland that the draft Order laid before the House on 4th November be approved; after debate, the motion was agreed to.
20.West Northamptonshire Development Corporation (Area and Constitution) Order 2004—It was moved by the Lord Rooker that the Order laid before the House on 13th May be approved; after debate, the motion was agreed to.
21.Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004—It was moved by the Lord Rooker that the draft Regulations laid before the House on 2nd December be approved; after debate, the motion was agreed to.
22.Agency for International Trade Information and Co-operation (Legal Capacities) Order 2004—It was moved by the Baroness Crawley that the draft Order laid before the House on 16th September be approved; after debate, the motion was agreed to.
23.International Criminal Court (Immunities and Privileges) Order 2004—It was moved by the Baroness Crawley that the draft Order laid before the House on 24th November be approved; the motion was agreed to.
24.European Communities (Definition of Treaties) (European Police Office) Order 2004—It was moved by the Lord Triesman that the draft Order laid before the House on 24th November be approved; after debate, the motion was agreed to.
25.European Communities (Immunities and Privileges of the European Police Office) (Amendment) Order 2004—It was moved by the Lord Triesman that the draft Order laid before the House on 24th November be approved; the motion was agreed to.
26.European Police College (Immunities and Privileges) Order 2004—It was moved by the Lord Triesman that the draft Order laid before the House on 24th November be approved; the motion was agreed to.
27.Critical National Infrastructure—The Lord Harris of Haringey asked Her Majesty’s Government whether they are satisfied with the ability of the Critical National Infrastructure to withstand cyber-attack; after debate, the question was answered by the Lord Bassam of Brighton.

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