House of Lords Journal 238 (Session 2004-05)


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Wednesday 12th 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.
Ahmed, L.
Alderdice, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
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.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackwell, L.
Blaker, L.
Blatch, B.
Bledisloe, V.
Blood, B.
Bonham-Carter of Yarnbury, 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.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Carter of Coles, L.
Chan, L.
Chapman, B.
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.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Currie of Marylebone, L.
Dahrendorf, L.
Davies of Oldham, L.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eames, L.
Eatwell, L.
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.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fellowes, L.
Fitt, L.
Flather, B.
Flowers, L.
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.

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Geddes, L.
Gibson of Market Rasen, B.
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.
Gregson, L.
Griffiths, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Guthrie of Craigiebank, L.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskins, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Henig, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Howard of Rising, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
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.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jopling, L.
Jordan, L.
Judd, L.
Kalms, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laidlaw, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lockwood, B.
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 Clashfern, 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.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Merlyn-Rees, L.
Michie of Gallanach, B.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moore of Wolvercote, L.
Moran, 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.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Onslow, E.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patten, 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.
Platt of Writtle, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Redesdale, L.
Rees-Mogg, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rotherwick, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Saatchi, L.
St. John of Bletso, L.
St John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Sheppard of Didgemere, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.

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Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Steel of Aikwood, L.
Steinberg, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Sutherland of Houndwood, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Thatcher, B.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vinson, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Worcester.

1.Barony of Abinger in the Peerage of the United Kingdom—The Lord Chancellor reported that James Harry Scarlett had established his succession to the Barony of Abinger in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the Lord Abinger 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)—Further to the Judgment of the House of 2nd December 2004 (6th Report from the Appellate Committee, Session 2004–05 [2004] UKHL 54), it was ordered that the respondents do pay to the appellants their costs before Mr Justice Jacob in the High Court (Chancery Division) (Companies Court), in the Court of Appeal and before 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 be taxed in accordance with the Access to Justice Act 1999.
3.South Bucks District Council (Respondents) v. Coates and others (Petitioners)—The petition of Mike Coates, Patrick Cash, Mike Summers and Hugh Doherty praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
4.Regina v. Secretary of State for the Home Department (Respondent) ex parte Bagdanavicius (FC) and another (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
5.In re Sinn Fein (Appellants) (Northern Ireland)—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 26th January (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
6.Autologic Holdings plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
7.BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
8.The Future Network plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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9.Perkins Engines Company Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
10.HJ Heinz Company Inc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
11.British Telecommunications plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (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 February (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
12.Concord Trust (Original Appellants and Cross-respondents) v. Law Debenture Trust Corporation plc (Original Respondents and Cross-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 19th January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

Papers

13.Instruments withdrawn—The following instruments, laid before the House on 9th December 2004, were withdrawn:
1.Draft Scotland Act 1998 (River Tweed) Order 2005;
2.Draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005.
14.Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

International Development—Agreement between the United Kingdom and Bolivia concerning Development Assistance and the Status of the United Kingdom Department for International Development in Bolivia, together with an Explanatory Memorandum.

(6445)

15.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Companies Act 1985 (Operating and Financial Review and Directors’ Report etc.) Regulations 2005, laid under the Companies Act 1985, together with an Explanatory Memorandum.

16.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2005, laid under the Social Security Administration Act 1992;
 (3)
2.National Health Service (General Medical Services Contracts) (Personal Medical Services Agreements) and (Pharmaceutical Services) (Amendment) Regulations 2005, laid under the National Health Service Act 1977;
 (28)
3.Supply of Extended Warranties on Domestic Electrical Goods Order 2005, laid under the Fair Trading Act 1973.
 (37)
17.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 Wakefield Education Action Zone, laid under the School Standards and Framework Act 1998, together with the Report of the Comptroller and Auditor General;
2.Code of Practice for the National Intelligence Model, laid under the Police Act 1996.

Select Committee Reports

18.Human Rights—The following reports of the Joint Committee were made and ordered to be printed:

Minutes of proceedings for Session 2003–04; (HL Paper 25)

4th Report, Scrutiny of Bills: Progress Report, together with appendices. (HL Paper 26)

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Public Business

19.Management of Offenders and Sentencing Bill [HL]—A bill to make further provision relating to the management of offenders, the functions of local probation boards and prisons; to provide for the appointment and functions of Her Majesty’s Commissioner for Offender Management and Prisons; to make provision about fines and other matters relating to sentencing; to make provision for the electronic monitoring of persons on bail; and for connected purposes was presented by the Baroness Scotland of Asthal, read a first time and ordered to be printed. (HL Bill 16)
20.Management of Offenders and Sentencing Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 16-EN)
21.Business of the House—It was moved by the Lord President (Baroness Amos) that the debate on the motion in the name of the Lord Blackwell set down for today shall be limited to 5 hours and that in the name of the Lord Oxburgh to 2 hours; the motion was agreed to.
22.Mental Capacity Bill—It was moved by the Baroness Ashton of Upholland that it be an instruction to the Committee of the Whole House to which the Mental Capacity Bill has been committed that they consider the bill in the following order:
Clauses 1 to 9
Schedule 1
Clauses 10 to 18
Schedule 2
Clauses 19 to 59
Schedule 3
Clauses 60 to 62
Schedules 4 and 5
Clause 63
Schedules 6 and 7
Clauses 64 and 65;

the motion was agreed to.

23.Low-tax economy (5-hour debate)—It was moved by the Lord Blackwell that there be laid before the House papers relating to the case for a low-tax economy; after debate, the motion was (by leave of the House) withdrawn.
24.Radioactive Waste Management (S&T Report) (2-hour debate)—It was moved by the Lord Oxburgh that there be laid before the House papers relating to the Report from the Select Committee on Science and Technology, Radioactive Waste Management (5th Report, Session 2003–04, HL Paper 200) and to the timescale for establishing a long-term strategy for the management of the United Kingdom’s radioactive waste; after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at a quarter past nine o’clock
till tomorrow, eleven o’clock.