House of Lords Journal 238 (Session 2004-05)


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Page 89

2004-05

Volume 238      

Monday 10th January 2005

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

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Adebowale, L.
Ahmed, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Ashton of Upholland, B.
Astor, V.
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.
Bhatia, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Blatch, B.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Briggs, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chapman, B.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Condon, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Darcy de Knayth, B.
Davies of Oldham, L.
Dearing, L.
Denham, 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.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
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.
Fellowes, L.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Greengross, B.
Greenway, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Guthrie of Craigiebank, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
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.
Imbert, L.
Inge, L.
Irvine of Lairg, L.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
King of West Bromwich, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.

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Laird, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leitch, L.
Levy, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Drumadoon, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mallalieu, B.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Michie of Gallanach, B.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
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.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, 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.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. Albans, Bp.
St. John of Bletso, L.
Sandberg, L.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Sheldon, L.
Shrewsbury, E.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Stallard, L.
Steel of Aikwood, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Vincent of Coleshill, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Watson of Richmond, L.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Windlesham, L.
Winston, L.
Worcester, Bp.
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 Worcester.

1.Lord Burnham—The Lord Chancellor acquainted the House that Lord Burnham, a member of the House, had died on 1st January 2005.

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Judicial Business

2.CMA CGM SA (Original Appellants and Cross-respondents) v. Classica Shipping Company Limited (Original Respondents and Cross-appellants) (England)—The cross-appeal of Classica Shipping Company Limited was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 21st February (lodged 5th January).
3.Fattal and another (Petitioners) v. John Lyon’s Charity (Respondents)—The petition of William Simon Fattal and Francine Fattal praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th December).
4.Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc (Petitioners)—The petition of Barclays Bank plc praying for leave to appeal was presented and referred to an Appeal Committee (lodged 22nd December).
5.MH (by her litigation friend, Official Solicitor) (Respondent) v. Secretary of State for the Department of Health (Petitioner) and others—The petition of the Secretary of State for the Department of Health praying for leave to appeal was presented and referred to an Appeal Committee (lodged 5th January).
6.Clays Lane Housing Co-operative Limited (Petitioners) v. Housing Corporation (Respondents)—The petition of Clays Lane Housing Co-operative Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 5th January).
7.Law Society (Respondents) v. Sephton & Co (a firm) (Petitioners) and another and others (Petitioners)—The petition of Sephton & Co, James Arthur Sephton, Philip Leslie Houlston and Alexander William Gordon Cunningham praying for leave to appeal was presented and referred to an Appeal Committee.
8.Secretary of State for Work and Pensions (Petitioner) v. M (Respondent)—The petition of the Secretary of State for Work and Pensions praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
9.Fengate Developments (a partnership) (Petitioners) v. Her Majesty’s Commissioners of Customs and Excise (Respondents)—The petition of Fengate Developments praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
10.Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) (Appellant)—The petition of the Child Poverty Action Group praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
11.Searby (Appellant) v. Yorkshire Traction Company Limited (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 20th December).
12.Roberts (FC) (Appellant) v. Parole Board (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
13.CMA CGM SA (Appellants) v. Classica Shipping Company Limited (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 1st February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 21st December).
14.McFarlane (Appellant) v. McFarlane (Respondent)—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 23rd February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

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15.Szoma (FC) (Appellant) v. Secretary of State for the Department of Work and Pensions (Respondent)—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 23rd February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
16.Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)—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 19th January (the agents for the respondents not consenting thereto) was presented and referred to an Appeal Committee (lodged 5th January).
17.Watkins (Respondent) v. Home Office (Appellants) and others—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 21st February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
18.Matthews and others (Appellants) v. Kent and Medway Towns Fire Authority and others (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 9th February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
19.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 21st February (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
20.In re D (a child appearing by her guardian ad litem) (Respondent) (FC)—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 23rd February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
21.R (on the application of Bushell and others) (Respondents) v. Newcastle upon Tyne Licensing Justices and others (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 24th January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

Papers

22.Instruments withdrawn—The following instruments, laid before the House on the dates shown, were withdrawn on 7th January 2005:
1.Draft Industrial Training Levy (Engineering Construction Board) 2005; (21st December 2004)
2.Draft Industrial Training Levy (Construction Board) Order 2005. (16th December 2004)
23.Instrument withdrawn—The following instrument, laid before the House on 9th December 2004, was withdrawn on 10th January 2005:

Draft Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005.

24.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:
1.Service Weapons—Agreement between the United Kingdom and France concerning the carrying of service weapons by French Officers on the territory of the United Kingdom, together with an Explanatory Memorandum; (7th January 2005)
 (6444)
2.Transport—Government response to the Report from the House of Commons Transport Committee on Traffic Law and its Enforcement. (10th January 2005)
 (6442)
25.Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on the dates shown, were laid before the House and ordered to lie on the Table:

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Title, etc.S.I. No.
2004–05
Date of Laying
Negative instruments
Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2004, laid under the Town and Country Planning Act 1990;3340 22nd December
Planning (Listed Buildings and Conservation Areas) (Amendment) (No. 2) (England) Regulations 2004, laid under the Planning (Listed Buildings and Conservation Areas) Act 1990; 334122nd December
National Health Service (Appointment of Consultants) Amendment Regulations 2004, laid under the National Health Service Act 1977;3365 22nd December
Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004, laid under the Superannuation Act 1972;337222nd December
Family Proceedings (Amendment) Rules 2004, laid under the Matrimonial and Family Proceedings Act 1984;337522nd December
Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2004, laid under the Magistrates’ Courts Act 1980;3376 22nd December
 (i)Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004—338822nd December
 (ii)Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2004—339022nd December
 laid under the European Communities Act 1972;
 (i)Education (Independent School Standards) (England) (Amendment) Regulations 2004—337423rd December
 (ii)Education (Provision of Information by Independent Schools) (England) (Amendment) Regulations 2004—337323rd December
laid under the Education Act 2002;
 (i)LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004—313123rd December
 (ii)Financing of Maintained Schools (England) Regulations 2004—313023rd December
 laid under the School Standards and Framework Act 1998;
Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2004, laid under the Local Government Finance Act 1988;338923rd December
South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004, laid under the Sea Fish (Conservation) Act 1967;339723rd December
Control of Substances Hazardous to Health (Amendment) Regulations 2004, laid under the Health and Safety at Work etc. Act 1974;338623rd December
Postgraduate Medical Education and Training Board (Members—Removal from Office) Rules Order 2004, laid under the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003;341031st December
High Court (Distribution of Business) Order 2004, laid under the Supreme Court Act 1981;341831st December
Civil Procedure (Amendment No. 4) Rules 2004, laid under the Civil Procedure Act 1997;341931st December
Financial Services and Markets Act 2000 (Gibraltar) (Amendment) Order 2005, laid under the Financial Services and Markets Act 2000.16th January
26.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;

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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.
27.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.European Communities (Designation) (No. 7) Order 2004, laid under the European Communities Act 1972;
 (3328)
2.Burma (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004, laid under the Saint Helena Act 1833;
 (3333)
3.Patents (Convention Countries) Order 2004, laid under the Patents Act 1977;
 (3335)
4.Air Navigation (Overseas Territories) (Environmental Standards) Order 2004, laid under the Civil Aviation Act 1949;
 (3337)
5.Firearms (Appeals and Applications) Regulations (Northern Ireland) 2005, laid under the Firearms (Northern Ireland) Order 2004;
 (—)
6.Energy (Amendment) Order (Northern Ireland) 2004, laid under the Energy (Northern Ireland) Order 2003;
 (—)
7.Retained Organs Commission (Abolition) Order 2005, laid under the National Health Service Act 1977;
 (6)
8.(i) Information Tribunal (National Security Appeals) Rules 2005—
 (13)
(ii)Information Tribunal (Enforcement Appeals) Rules 2005—(14)
 laid under the Data Protection Act 1998.
28.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 Education Action Zone for Camborne Pool and Redruth, laid under the School Standards and Framework Act 1998, together with the Report of the Comptroller and Auditor General;
2.Accounts for 2003–04 of the National Insurance Fund, laid under the Social Security Administration Act 1992, together with the Report of the Comptroller and Auditor General.
3.Amendments to the Regulations in respect of Royal Air Force retired pay and pensions, laid under the Air Force (Constitution) Act 1917;
4.Report of the making of a Call-out Order, laid under the Reserve Forces Act 1996.

Public Business

29.Mental Capacity Bill—It was moved by the Lord Falconer of Thoroton, on behalf of the Baroness Ashton of Upholland, that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
30.Mechanically-propelled vehicles—The Viscount Bridgeman asked Her Majesty’s Government what is their policy with regard to the use of mechanically-propelled vehicles on byways open to all traffic; after debate, the question was answered by the Lord Whitty.

The House was adjourned at three minutes past ten o’clock
till tomorrow, half-past two o’clock.