House of Lords Journal 238 (Session 2004-05)


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Wednesday 9th February 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.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, 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.
Birt, L.
Blackwell, L.
Blaker, L.
Blatch, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Butler of Brockwell, L.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.

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Carey of Clifton, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chan, L.
Chandos, V.
Chapman, B.
Chelmsford, Bp.
Chorley, 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.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craig of Radley, L.
Crawley, B.
Cumberlege, B.
Currie of Marylebone, 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.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
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.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
George, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glasgow, E.
Golding, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greenfield, B.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Habgood, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayhoe, L.
Henig, B.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howard of Rising, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laidlaw, L.
Laird, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Ludford, B.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McDonagh, B.
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.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Michie of Gallanach, B.
Mitchell, L.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moran, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nickson, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.

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Norton of Louth, L.
Onslow, E.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Peston, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Portsmouth, Bp.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Rana, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renwick of Clifton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roll of Ipsden, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rotherwick, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, 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.
Selborne, E.
Selsdon, L.
Sewel, L.
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.
Smith of Leigh, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Steinberg, L.
Stewartby, L.
Stoddart of Swindon, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Vinson, L.
Waddington, L.
Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Windlesham, L.
Woolmer of Leeds, L.
Worcester, Bp.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Southwell.

1.Barony of Vivian in the Peerage of the United Kingdom—The Lord Chancellor reported that Charles Crespigny Hussey Vivian had established his succession to the Barony of Vivian in the Peerage of the United Kingdom. The Clerk of the Parliaments was accordingly directed to enter the Lord Vivian on the register of hereditary peers maintained under Standing Order 10(5).
2.Leave of Absence—Leave of absence was granted to the Lord Chancellor for Wednesday 23rd February.

Judicial Business

3.Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (Appellants) (England)—The appeal of V M Burroughs, K A Bartlett, D Carey and A Sheen was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 23rd March.
4.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 16th March (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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5.Appeal Committee—The 24th Report from the Appeal Committee was agreed to and the following Orders were made—

A and others (Petitioners) v. Secretary of State for the Home Department (Respondent) (2004)—That leave to appeal be given; and that the petition of appeal be lodged by 23rd February.

A and others (Petitioners) (FC) and others v. Secretary of State for the Home Department (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 23rd February.

Papers

6.Instrument withdrawn—The following instrument, laid before the House on 4th February, was withdrawn:

Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005.

7.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Finance—Treasury Minutes on the Fifty-first and Fifty-second Reports from the Committee of Public Accounts;
 (6458)
2.Defence—Amendment to the Agreement between the United Kingdom and the United States of America for Cooperation on the Uses of Atomic Energy for Mutual Defence Purposes.
 (6471)
8.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005, laid under the Public Audit (Wales) Act 2004, together with an Explanatory Memorandum;
2.Draft Courts Act 2003 (Consequential Provisions) Order 2005, laid under the Courts Act 2003, together with an Explanatory Memorandum;
3.Draft Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005, laid under the Social Security Act 1998, together with an Explanatory Memorandum;
4.Draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005, laid under the Town and Country Planning Act 1990, together with an Explanatory Memorandum;
5.Draft Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005, laid under the Social Security (Northern Ireland) Order 1998, together with an Explanatory Memorandum;
6.Draft Child Trust Funds (Appeals) Regulations 2005, laid under the Social Security Act 1998, together with an Explanatory Memorandum;
7. (i)Draft Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005, together with an Explanatory Memorandum—
(ii)Draft Occupational Pension Schemes (Levies) Regulations 2005, together with an Explanatory Memorandum—
 laid under the Pensions Act 2004;
8. (i)Draft Budget (Northern Ireland) Order 2005, together with an Explanatory Memorandum—
(ii)Draft Special Educational Needs and Disability (Northern Ireland) Order 2005, together with an Explanatory Memorandum—
 laid under the Northern Ireland Act 2000;
9.Draft New Opportunities Fund (Specification of Initiative) Order 2005, laid under the National Lottery Act etc. Act 1993;
10.Draft Renewables Obligation Order 2005, laid under the Electricity Act 1989, together with an Explanatory Memorandum.
9.Regulatory Reform—The following order was laid before the House under section 4(2) of the Regulatory Reform Act 2001 and referred to the Delegated Powers and Regulatory Reform Committee:

Draft Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005, together with a statement by the Department of Health.

10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Export Control (Iraq and Ivory Coast) Order 2005, laid under the Export Control Act 2002;
2.(i) Private Security Industry Act 2001 (Designated Activities) Order 2005—
 (234)

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(ii)Private Security Industry Act 2001 (Duration of Licence) Order 2005—(235)
(iii)Private Security Industry (Licences) (Amendment) Regulations 2005—(237)
(iv)Private Security Industry Act 2001 (Repeal and Revocation) Order 2005—(248)
 laid under the Private Security Industry Act 2001;
3.(i) End-of-Life Vehicles (Producer Responsibility) Regulations 2005—
 (263)
(ii)European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005—(265)
 laid under the European Communities Act 1972;
4.Family Proceedings (Amendment) Rules 2005, laid under the Matrimonial and Family Proceedings Act 1984.
 (264)

Select Committee Report

11.Human Rights—The 7th Report of the Joint Committee, Scrutiny: Third Progress Report, together with appendices, was made and ordered to be printed. (HL Paper 47)

Public Business

12.Electoral Registration (Northern Ireland) Bill [HL]—A bill to make provision about the registration of electors in Northern Ireland in cases where required information is not provided was presented by the Baroness Farrington of Ribbleton on behalf of the Baroness Amos, read a first time and ordered to be printed. (HL Bill 28)
13.Electoral Registration (Northern Ireland) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 28-EN)
14.Children (Contact) and Adoption Bill, Draft—It was moved by the Chairman of Committees that the Commons message of yesterday be now considered, and that a Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider and report on the draft Children (Contact) and Adoption Bill presented to both Houses on 2nd February 2005 (Cm 6462);

That, as proposed by the Committee of Selection, the Lords following be named of the Committee:

E. Dundee
B. Gould of Potternewton
B. Hooper
B. Howarth of Breckland
B. Massey of Darwen
B. Nicholson of Winterbourne;

That the Committee have power to agree with the Commons in the appointment of a Chairman;

That the Committee have leave to report from time to time;

That the Committee have power to appoint specialist advisers;

That the Committee have power to adjourn from place to place within the United Kingdom;

That the quorum of the Committee shall be two;

That the reports of the Committee from time to time shall be printed, notwithstanding any adjournment of the House;

And that the Committee do report on the draft Bill by 26th May 2005;

the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

15.Parliament: public engagement (Balloted debate)—It was moved by the Lord Norton of Louth that there be laid before the House papers relating to the case for increasing public engagement with Parliament; after debate, the motion was (by leave of the House) withdrawn.
16.Children in care (Balloted debate)—It was moved by the Earl of Listowel that there be laid before the House papers relating to the prospects of children cared for by local authorities; after debate, the motion was (by leave of the House) withdrawn.
17.Terrorism Act 2000 (Continuance of Part VII) Order 2005—It was moved by the Lord President (Baroness Amos) that the draft Order laid before the House on 20th January be approved; after debate, the motion was agreed to.
18.Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2005—It was moved by the Lord President (Baroness Amos) that the draft Order laid before the House on 26th January be approved; after debate, the motion was agreed to.
19.Scotland Act 1998 (Modifications of Schedule 5) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 9th December 2004 be approved; after debate, the motion was agreed to.

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20.Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 25th January be approved; the motion was agreed to.
21.Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 18th January be approved; the motion was agreed to.

The House was adjourned at thirteen minutes past nine o’clock
till tomorrow, a quarter before ten o’clock for judicial business,
eleven o’clock for public business.


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock.

Charities Bill [HL]—The bill was further considered in Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after clause 4 stood part.

The Committee was adjourned at half-past seven o’clock.