House of Lords Journal 238 (Session 2004-05)


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Thursday 27th January 2005

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

The following Lords Spiritual and Temporal were present:

Ackner, L.
Acton, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bingham of Cornhill, L.
Birt, L.
Blackstone, B.
Blaker, L.
Blatch, B.
Bledisloe, V.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, 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.
Carswell, L.
Carter, L.
Chandos, V.
Chapman, B.
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.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Currie of Marylebone, L.
Darcy de Knayth, B.
David, B.
Davies of Oldham, L.
Dean of Harptree, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
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.

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Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Fookes, B.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Gibson of Market Rasen, B.
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 Fforestfach, L.
Grocott, L.
Hale of Richmond, L.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Henig, B.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hoffmann, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Hope of Craighead, 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.
Hylton, L.
Irvine of Lairg, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Jordan, L.
Kalms, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Leitch, L.
Lester of Herne Hill, L.
Levy, L.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, 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.
Manchester, Bp.
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.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moran, L.
Morgan of Drefelin, B.
Morris of Bolton, B.
Morris of Manchester, L.
Mowbray and Stourton, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Nicholls of Birkenhead, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Onslow, E.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, 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.
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.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosslyn, E.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
Ryder of Wensum, L.
St. Albans, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.

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Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Wade of Chorlton, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Wall of New Barnet, B.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Winchester, Bp.
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 Manchester.

Judicial Business

1.Regina v. Parole Board (Respondents) ex parte Smith (FC) (Appellant)—
2.Regina v. Parole Board (Respondents) ex parte West (FC) (Appellant)—

(Conjoined Appeals)—

It was moved by the Lord Bingham of Cornhill, That the 9th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of Smith be allowed and the Order of the Court of Appeal of 31st July 2003 set aside; that the appeal of West be allowed and the Order of the Court of Appeal of 14th November 2002 and also the order of Mr Justice Turner of 26th April 2002 be set aside except for the provision in the two orders for a detailed Community Legal Service Funding assessment; that in both appeals it be declared that “the Parole Board breached its duty of procedural fairness owed to the Appellant by failing to offer him an oral hearing of his representations against revocation of his licence and was accordingly in breach of Article 5 (4) of the European Convention on Human Rights”; that in the appeal of Smith the respondents do pay to the appellant his costs here and below; and that the question of costs in the appeal of West be adjourned in order that the parties may make written submissions within 14 days, 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 appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 1

3.Gregg (FC) (Appellant) v. Scott (Respondent)—It was moved by the Lord Nicholls of Birkenhead, That the 10th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order appealed from be affirmed and the appeal dismissed with costs; and that the amounts thereof, if any, to be paid by the appellant and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999. [2005] UKHL 2
4.Jackson and another (Original Appellants and Cross-respondents) v. Royal Bank of Scotland (Original Respondents and Cross-appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 11th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed and the cross-appeal dismissed; that the Order of the Court of Appeal of 28th June 2000 be set aside and the Order of His Honour Judge Kershaw QC in the High Court, Queen’s Bench Division, Mercantile List (Liverpool) of 24th September 1998 restored so far as regards the principal sum to be awarded to the claimants (the appellants in this House) as damages; that the rate of interest to be applied to that award of damages be determined by agreement between the parties; that the exchange rate to be applied to convert the award from US Dollars to Pounds Sterling once the final figure has been established also be determined by agreement between the parties; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 3
5.Regina v. Camberwell Green Youth Court (Respondents) ex parte D (a minor) (by his mother and litigation friend) (FC) (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—

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6.Regina v. Camberwell Green Youth Court (Respondents) ex parte Director of Public Prosecutions (Respondent) (G (by his mother and litigation friend) (FC) (Appellant) (Interested Party)) (Criminal Appeal from Her Majesty’s High Court of Justice)—

It was moved by the Lord Nicholls of Birkenhead, That the 12th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of D and the appeal of G be dismissed; that the two Orders of the Divisional Court of 4th February 2003 be affirmed; that the certified question be answered in the affirmative; and that the costs of the appellants be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 4

7.Trennery (Respondent) v. West (Her Majesty’s Inspector of Taxes) (Appellant) and four other actions—It was moved by the Lord Hoffmann, on behalf of the Lord Steyn, That the 13th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 18th December 2003 be set aside and the Order of Mr Justice Peter Smith in the High Court of Justice, Chancery Division of 1st April 2003 restored; that the appellants do pay to the respondents their costs in this House and that the respondents do pay to the appellants their costs in the Court of Appeal, the amount of such costs in this House to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 5
8.In re J (a child) (England)—The appeal of the mother was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 10th March.
9.Burton (Her Majesty’s Collector of Taxes) (Respondent) v. Mellham Limited (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
10.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 14th March (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

The House was adjourned during pleasure.

The House was resumed.

Papers

11.Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

Housing—Government Response to the Report of the House of Commons Select Committee on the Office of the Deputy Prime Minister on Gypsy and Traveller Sites.

(6465)

12.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of Sections 21 to 23) Order 2005, laid under the Anti-terrorism, Crime and Security Act 2001, together with an Explanatory Memorandum;
2. (i)Code of Audit Practice for Local NHS bodies (2005), together with an Explanatory Memorandum—
(ii)Code of Audit Practice for local government bodies (2005), together with an Explanatory Memorandum—
 laid under the Audit Commission Act 1998.
13.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Merchant Shipping (Prevention of Pollution) (Drilling Rigs and Other Platforms) Order 2005, laid under the Railways and Transport Safety Act 2003;
 (74)
2.Fees for Assessment of Active Substances (Third Stage Review) Regulations 2005, laid under the European Communities Act 1972.
 (117)
14.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Performance Report for Each English Waste Authority in Meeting their Recycling Requirements, laid under the Household Waste Recycling Act 2003.

Select Committee Report

15.Human Rights—The 5th Report of the Joint Committee, Identity Cards Bill, together with an appendix, was made and ordered to be printed. (HL Paper 35)

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Private Business

16.Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [HL]—
17.London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—

It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 91 (Special circumstances), that he had received reports on the bills from Miss Melanie Johnson MP, Parliamentary Under-Secretary of State for Public Health, in respect of the Promoters’ assessment of the compatibility of the bill’s proposals with the European Convention on Human Rights which stated the following: “I believe the promoters have undertaken such an assessment. However, I believe that in the following respect only the Bill may not be compatible with Convention rights. I see no need to dispute their other conclusions. The exclusion from the prohibition on smoking in places of work that applies for domestic premises in Clause 4 (meaning of “place of work”) is drawn narrowly. For example, long term residential accommodation which is the sole home of an individual may fall outside the definition of “domestic premises” in Clause 4(2), even where it is the individual’s sole home and only occasionally a place of work. It follows that there might be circumstances in which a total prohibition on smoking tobacco in such accommodation could constitute a disproportionate interference with the right to respect for private and family life within the meaning of Article 8 of the Convention, having regard to the fact that smoking tobacco is a legal activity. I consider that the Opinion on compliance with Convention rights submitted by the promoters does not address this issue sufficiently and that paragraphs 7 and 16 of that Opinion appear to be inconsistent. I am unable to conclude that the Bill is compatible with the Convention”.

18.London Local Authorities Bill [HL]—It was reported by the Chairman of Committees, pursuant to Private Business Standing Order 91 (Special circumstances), that he had received a report on the bill from Mr Keith Hill MP, Minister for Housing & Planning and Minister for London, stating that, in the Minister’s opinion, the promoters have failed to undertake an adequate assessment of the compatibility of their proposals with the European Convention on Human Rights in respect of clause 78(1), clauses 117 to 119 and clause 120 and giving his reasons for this opinion. Save for these clauses, he considers that the promoters have undertaken a full assessment of the compatibility of their proposals with the European Convention on Human Rights and sees no need to dispute their conclusions.

Public Business

19.Commissioners for Revenue and Customs Bill—A bill to make provision for the appointment of Commissioners to exercise functions presently vested in the Commissioners of Inland Revenue and the Commissioners of Customs and Excise; for the establishment of a Revenue and Customs Prosecutions Office; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 21)
20.Commissioners for Revenue and Customs Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 21-EN)
21.Mental Capacity Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
22.Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005—It was moved by the Lord Rooker that the draft Order laid before the House on 10th January be approved; after debate, the motion was agreed to.
23.Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 15th December 2004 be approved; after debate, the motion was agreed to.
24.Representation of the People (Variation of Limits of Candidates’ Election Expenses) (City of London) Order 2005—It was moved by the Lord Rooker that the draft Order laid before the House on 9th December 2004 be approved; after debate, the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

25.Mental Capacity Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 25 stood part.
26.Railways Bill—A bill to amend the law relating to the provision and regulation of railway services; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 22)

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27.Railways Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 22-EN)

The House was adjourned at eight minutes past seven o’clock
to Monday next, half-past two o’clock.