House of Lords Journal 238 (Session 2004-05)


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Thursday 16th 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.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Blackstone, B.
Blatch, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
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.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell of Croy, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carr of Hadley, L.
Carter, L.
Carter of Coles, L.
Chan, L.
Chester, Bp.
Chorley, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Currie of Marylebone, L.
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.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.

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Evans of Temple Guiting, L.
Ezra, L.
Falkender, B.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, 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.
Goschen, V.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haworth, L.
Hayhoe, L.
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.
Hope of Craighead, 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.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leitch, L.
Lewis of Newnham, L.
Lipsey, L.
Liverpool, Bp.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McDonagh, B.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, 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.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, 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, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, 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.
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.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Roll of Ipsden, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
St. John of Bletso, L.
St John of Fawsley, L.
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.
Slynn of Hadley, L.

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Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Stevens of Ludgate, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strange, B.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Temple-Morris, L.
Tenby, V.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
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.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warnock, B.
Weatherill, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Willoughby de Broke, 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 Chester.

Judicial Business

1.A (FC) and others (Appellants) v. Secretary of State for the Home Department (Respondent)—
2.X (FC) and another (FC) (Appellants) v. Secretary of State for the Home Department (Respondent)—

It was moved by the Lord Bingham of Cornhill, That the 8th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the two Orders of the Court of Appeal of 25th October 2002 be set aside except insofar as they provide for detailed assessment of the appellants’ Legal Service Commission costs; that the Order of the Special Immigration Appeals Commission of 30th July 2002 be restored except for costs and amended in accordance with the declaration of this House; that there be a quashing order in respect of the Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001 No. 3644); that it be declared under section 4 of the Human Rights Act 1998 that: “Section 23 of the Anti-terrorism, Crime and Security Act 2001 is incompatible with Articles 5 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms insofar as it is disproportionate and permits detention of suspected international terrorists in a way that discriminates on the ground of nationality or immigration status”; that the Secretary of State for the Home Department do pay to the appellants in both appeals their costs before the Special Immigration Appeals Commission, in the Court of Appeal and in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellants in this House be taxed in accordance with the Access to Justice Act 1999, such costs to include a certificate for two leading counsel and one junior counsel. [2004] UKHL 56

3.R (on the application of Jones and others) (Respondents) v. Ceredigion County Council (Appellants) (Civil Appeal from Her Majesty’s High Court of Justice)—The appeal was set down for hearing and referred to an Appellate Committee.
4.Burton (Her Majesty’s Collector of Taxes) (Respondent) v. Mellham Limited (Appellants)—The petition of the appellants, praying that the appeal be restored and for leave to give security for costs notwithstanding that the time limited by Standing Order V has expired (the agents for the respondent consenting thereto), was presented; and it was ordered as prayed.
5.Massey and another (Appellants) v. Boulden and another (Respondents)—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 31st January 2005 (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
6.Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following Orders were made—

R (on the application of Fisher and others) (Petitioners) v. English Nature (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Codona (FC) (Petitioner) v. Mid Bedfordshire District Council (Respondents)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

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7.Appeal Committee—The 13th Report from the Appeal Committee was agreed to and the following Orders were made—

Habib Bank Limited (Petitioners) v. Iqbal (Respondent)—That the petition be referred for hearing.

Habib Bank Limited (Respondents) v. Liverpool Freeport (Electronics) Limited and others and another (Petitioner) and one other action—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

8.Appeal Committee—The 14th Report from the Appeal Committee was agreed to and the following Order was made—

CMA CGM SA (Original Appellants and Cross-respondents) v. Classica Shipping Company Limited (Original Respondents and Cross-petitioners)—That leave to cross-appeal be given; and that the petition of cross-appeal be lodged by 5th January 2005.

The House was adjourned during pleasure.

The House was resumed.

Papers

9.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Disability—Disability Discrimination Bill: Consultation on private clubs; premises; the definition of disability and the questions procedure: Government consultation document;
 (6402)
2.Works of Art—Export of Works of Art 2003–04: The Fiftieth Report of the Reviewing Committee;
 (6404)
3.Police—Accounts for 2000–01 of the Metropolitan Police Fund Account, Inner London Magistrates’ Courts Service and Inner London Probation Service;
 (6432)
4.Health—Government Response to the Report of the House of Commons Health Select Committee on Obesity;
 (6438)
5.Criminal Defence Service Bill, Draft—Framework Document for the Criminal Defence Service Bill.
 (6439)
10.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. (i)Draft Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2005, together with an Explanatory Memorandum—
(ii)Draft Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005, together with an Explanatory Memorandum—
 laid under the Regulation of Investigatory Powers Act 2000;
2. (i)Draft Industrial Training Levy (Engineering Construction Board) Order 2005, together with an Explanatory Memorandum—
(ii)Draft Industrial Training Levy (Construction Board) Order 2005, together with an Explanatory Memorandum—
 laid under the Industrial Training Act 1982.
11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Education (Company Directors Disqualification Act 1986: Amendments to Disqualification Provisions) (England) Regulations 2004, laid under the Education Act 2002;
 (3264)
2.Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of North Hertfordshire) Order 2004, laid under the Road Traffic Act 1991;
 (3246)
3.Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment No. 2) Order 2004, laid under the Proceeds of Crime Act 2002.
 (3339)
12.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 Enterprise Ulster, laid under the Northern Ireland Act 2000;
2.Report and Accounts for 2000 of the Loughs Agency, laid under the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999;
3.Report by the Health Service Ombudsman: National Health Service Funding for Long Term Care, laid under the Health Service Commissioners Act 1993;

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4.Qualifying Revenue and Multiplex Revenue: Statement of Principles and Administrative Arrangements under the Broadcasting Act 1990 laid under that Act;
5.Report for 2003 by the Registrar General on births and patterns of family building in England and Wales, laid under the Registration Service Act 1953.

Public Business

13.Public Services Ombudsman (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting 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.
14.International Organisations Bill [HL]—It was moved by the Baroness Symons of Vernham Dean 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.
15.Consolidated Fund Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; the motion was agreed to and the Committee was negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.
16.European Communities (Amendment) Act 1993—It was moved by the Lord McIntosh of Haringey that this House takes note with approval of the Government’s assessment as set out in the Pre-Budget Report 2004 for the purposes of section 5 of the European Communities (Amendment) Act 1993; after debate, the motion was agreed to.
17.Building Societies Act 1986 (International Accounting Standards and Other Accounting Amendments) Order 2004—It was moved by the Lord Davies of Oldham that the draft Order laid before the House on 11th October be approved; after debate, the motion was agreed to.
18.Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2004—It was moved by the Lord Davies of Oldham that the Order laid before the House on 16th November be approved; after debate, the motion was agreed to.
19.Child Benefit and Guardian’s Allowance (Decisions and Appeals) (Amendment) Regulations 2004—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 16th November be approved; after debate, the motion was agreed to.
20.Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 11th November be approved; the motion was agreed to.
21.Royal Assent—The Lord Speaker (Baroness Gould of Potternewton) notified the Queen’s Assent to the following Act:
Consolidated Fund (No. 2) Actc. 38

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