House of Lords Journal 238 (Session 2004-05)

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Friday 14th January 2005

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Ackner, L.
Acton, L.
Addington, L.
Ahmed, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Billingham, B.
Blatch, B.
Bonham-Carter of Yarnbury, B.
Boston of Faversham, L.
Brabazon of Tara, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter of Coles, L.
Chan, L.
Chester, Bp.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Desai, L.
Dholakia, L.
Donaldson of Lymington, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkland, V.
Falkner of Margravine, B.
Faulkner of Worcester, L.
Fitt, L.
Fookes, B.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gibson of Market Rasen, B.
Giddens, L.
Glentoran, L.
Goodhart, L.
Goschen, V.
Gould of Potternewton, B.
Greengross, B.
Hamwee, B.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayman, B.
Higgins, L.
Hodgson of Astley Abbotts, L.
Howard of Rising, L.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Kilclooney, L.
King of West Bromwich, L.
Kirkhill, L.
Laird, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lipsey, L.
Luke, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McIntosh of Hudnall, B.

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Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mar and Kellie, E.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Moynihan, L.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Northesk, E.
Northover, B.
O’Cathain, B.
Paul, L.
Pearson of Rannoch, L.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rea, L.
Redesdale, L.
Rennard, L.
Richard, L.
Roper, L.
Rosslyn, E.
Royall of Blaisdon, B.
Russell-Johnston, L.
St John of Fawsley, L.
Sandberg, L.
Scott of Needham Market, B.
Seccombe, B.
Selsdon, L.
Sheldon, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Snape, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Taylor of Blackburn, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Turnberg, L.
Uddin, B.
Wall of New Barnet, B.
Walmsley, B.
Warner, L.
Warnock, B.
Whitaker, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Winchester, Bp.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Worcester.

Judicial Business

1.Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank of England (Appellants)—Further to the Judgment of the House of 11th November 2004 (57th Report from the Appellate Committee, [2004] UKHL 48), it was ordered that the respondents do pay to the appellants 90 per cent of the appellants’ costs in this House, including the costs of dealing with the Interveners’ submissions, the whole of the appellants’ costs in the Court of Appeal, and the costs incurred by the appellants as a result of the steps they took to comply with the order of Mr Justice Tomlinson made in the High Court of Justice (Queen’s Bench Division) (Commercial Court) on 10th November 2003 (which order has been set aside by this House); and it was further ordered that the amount of the appellants’ costs in this House be certified by the Clerk of the Parliaments if not agreed between the parties, and that the amount of the appellants’ costs in the Court of Appeal and below if not agreed be determined by a Costs Judge.
2.Harris (Petitioner) v. Harris (Respondent)—The petition of Mark Dean Harris praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.


3.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2005, laid under the School Standards and Framework Act 1998;
2. (i)Asylum Seekers (Reception Conditions) Regulations 2005—(7)
(ii)Asylum Support (Amendment) Regulations 2005—(11)
 laid under the European Communities Act 1972;
3.Extradition Act 2003 (Parties to International Conventions) Order 2005, laid under the Extradition Act 2003;
4.South-west Territorial Waters (Prohibition of Pair Trawling) (Amendment) Order 2005, laid under the Sea Fish (Conservation) Act 1967.

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4.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Air Publication 1269A—Assessment of Medical Fitness (3rd Edition) Amendment List 26, laid under the Air Force (Constitution) Act 1917.

Public Business

5.Renewable Energy Bill [HL]—It was moved by the Lord Redesdale 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.
6.Succession to the Crown Bill [HL]—The Queen’s consent was signified; then it was moved by the Lord Dubs that the bill be now read a second time; after debate, the motion was (by leave of the House) withdrawn; then the bill was (by leave of the House) withdrawn.
7.Caribbean banana growers—The Lord Newby asked Her Majesty’s Government what action they plan to take to safeguard the interests of Caribbean banana growers; after debate, the question was answered by the Lord Evans of Temple Guiting.

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