House of Lords Journal 238 (Session 2004-05)


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Page 276

2004-05

Volume 238      

Wednesday 9th March 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.
Allen of Abbeydale, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Arran, E.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Avebury, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Best, L.
Bhatia, L.
Billingham, B.
Birt, L.
Blaker, L.
Bledisloe, V.
Blood, 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.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Lochbroom, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carrington, L.
Carter, L.
Chadlington, L.
Chalker of Wallasey, B.
Chan, L.
Chapman, B.
Chester, Bp.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Harptree, L.
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.
Eatwell, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Emerton, B.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Ferrers, E.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Geddes, L.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Grantchester, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Hattersley, L.
Haworth, L.
Hayhoe, L.
Henig, B.
Henley, 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.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.

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Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jordan, L.
Judd, L.
Kalms, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Levy, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
McFarlane of Llandaff, B.
MacGregor of Pulham Market, L.
McIntosh of Hudnall, B.
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.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Mason of Barnsley, L.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Michie of Gallanach, B.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, 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.
Murton of Lindisfarne, L.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
Onslow, E.
Oxford, Bp.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prys-Davies, 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.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, 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.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thomas of Gresford, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vinson, L.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, 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.
Willoughby de Broke, L.
Windlesham, L.
Wright of Richmond, L.
Young of Norwood Green, L.

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PRAYERS were read by the Lord Bishop of Portsmouth.

Judicial Business

1.Kay and others and another (FC) (Petitioners) v. London Borough of Lambeth and others (Respondents)—The petition of Gavin Kay, William Gorman, Ian Peter Constantine, Cherry Barnett, Christopher Cole, Mieczyslaw Dymny and Thomas Greenhalgh praying for leave to appeal was presented and referred to an Appeal Committee. The third petitioner’s certificate of public funding was lodged.
2.Ridgeway Motors (Isleworth) Limited (Petitioners) v. ALTS Limited (Respondents)—The petition of Ridgeway Motors (Isleworth) Limited praying for leave to appeal was presented and referred to an Appeal Committee.
3.Gottlieb and another (Petitioners) v. AXA General Insurance Limited (Respondents)—The petition of Clara Gottlieb and Joseph Meyer Gottlieb praying for leave to appeal was presented and referred to an Appeal Committee.
4.Freakley and others (Petitioners) v. Centre Reinsurance International Company and others (Respondents) and one other action—The petition of Simon Vincent Freakley, James John Gleave and Gary Peter Squires praying for leave to appeal was presented and referred to an Appeal Committee.
5.Telewest Communications plc and others (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Petitioners)—The petition of Her Majesty’s Commissioners of Customs and Excise praying for leave to appeal was presented and referred to an Appeal Committee.
6.Ali (FC) (Respondent) v. Headteacher and Governors of Lord Grey School (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 12th April (the agents for the respondent not consenting thereto) was presented; and it was referred to an Appeal Committee. The respondent’s certificate of public funding was lodged.
7.Appeal Committee—The 32nd Report from the Appeal Committee was agreed to and the following Order was made—

Jackson and others (Petitioners) v. Her Majesty’s Attorney General (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 23rd March.

Papers

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

Environment—Kyoto Protocol to the United Nations Framework Convention on Climate Change.

(6485)

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

Revised Funding Code prepared by the Legal Services Commission, laid under the Access to Justice Act 1999.

10.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Town and Country Planning (Blight Provisions) (England) Order 2005, laid under the Town and Country Planning Act 1990; (406)
2.Surrey Hampshire Borders National Health Service Trust (Transfer of Trust Property) Order 2005, laid under the National Health Service Act 1977; (444)
3.Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005, laid under the Pensions Act 2004; (449)
4. (i) Family Proceedings Fees (Amendment) Order 2005— (472)
(ii) Civil Proceedings Fees (Amendment) Order 2005—(473)
(iii) Justices’ Clerks Rules 2005—(545)
(iv) Justices of the Peace (Size and Chairmanship of Bench) Rules 2005—(553)
(v) Local Justice Areas Order 2005—(554)
(vi) Courts Act 2003 (Continuing Provision of Court-houses) Regulations 2005—(562)
(vii) Justices of the Peace (Training and Appraisal) Rules 2005—(564)
 laid under the Courts Act 2003;
5.Damages (Government and Health Service Bodies) Order 2005, laid under the Damages Act 1996; (474)
6. (i) Gaming Act 1968 (Variation of Fees) (England and Wales) Order 2005— (566)

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(ii) Gaming Act 1968 (Variation of Fees) Order 2005—(567)
 laid under the Gaming Act 1968;
7.Lotteries (Gaming Board Fees) Order 2005, laid under the Lotteries and Amusements Act 1976; (568)
8.Gaming (Bingo) Act 1985 (Fees) (Amendment) Order 2005, laid under the Gaming (Bingo) Act 1985; (570)
9. (i) Directors’ Remuneration Report Regulations (Northern Ireland) 2005—(—)
(ii) Companies (1986 Order) (Operating and Financial Review and Directors’ Report etc.) Regulations (Northern Ireland) 2005—(—)
 laid under the Northern Ireland Act 2000.
11.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report on the Reform of the National Health Service Complaints Procedure, laid under the Health Service Commissioners Act 1993.

Select Committee Reports

12.Human Rights—The 12th Report of the Joint Committee, Scrutiny: Fifth Progress Report, together with Appendices, was made and ordered to be printed. (HL Paper 77)
13.Mental Health Bill, Draft—The Report from the Joint Committee was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 79)
14.Delegated Powers and Regulatory Reform—The following reports from the Select Committee were made and ordered to be printed:

13th Report, on the following bills:

Child Benefit Bill;

Mental Capacity Bill—Government amendments for Report Stage;

Constitutional Reform Bill [HL]—Government response and Consideration of Commons amendments;

Prevention of Terrorism Bill—Government response; (HL Paper 80)

14th Report, on the following Orders:

Draft Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005;

Draft Regulatory Reform (Execution of Deeds and Documents) Order 2005;

Draft Regulatory Reform (Fire Safety) Order 2005. (HL Paper 81)

15.Constitution Committee—The following reports from the Select Committee were made and ordered to be printed:

4th Report, First Progress Report 2004–05; (HL Paper 78)

5th Report, on the Identity Cards Bill. (HL Paper 82)

Public Business

16.Road Safety Bill—A bill to make provision about road traffic, registration plates, vehicle and driver information, trunk road picnic areas and private hire vehicles was brought from the Commons, read a first time and ordered to be printed. (HL Bill 39)
17.Road Safety Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 39-EN)
18.Zimbabwe (Balloted debate)—It was moved by the Baroness Park of Monmouth that there be laid before the House papers relating to the situation in Zimbabwe; after debate, the motion was (by leave of the House) withdrawn.
19.European Union: United Kingdom presidency (Balloted debate)—It was moved by the Lord Dykes that there be laid before the House papers relating to the forthcoming United Kingdom presidency of the Council of the European Union from 1st July 2005; after debate, the motion was (by leave of the House) withdrawn.
20.Railways Bill—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 40)
21.Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005—It was moved by the Lord Rooker that the draft Regulations laid before the House on 9th February be approved; after debate, the motion was agreed to.

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22.Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) Regulations 2005—It was moved by the Lord Rooker that the draft Regulations laid before the House on 23rd February be approved; the motion was agreed to.
23.Code of Audit Practice for local NHS bodies (2005)—It was moved by the Lord Rooker that the draft Code of Audit Practice laid before the House on 27th January be approved; the motion was agreed to.
24.Code of Audit Practice for local government bodies (2005)—It was moved by the Lord Rooker that the draft Code of Audit Practice laid before the House on 27th January be approved; the motion was agreed to.
25.Renewables Obligation Order 2005—It was moved by the Lord Triesman that the draft Order laid before the House on 9th February be approved; the motion was agreed to.
26.Prevention of Terrorism Bill—The bill was returned from the Commons with certain Lords amendments disagreed to with reasons for such disagreement; with certain other Lords amendments disagreed to but with amendments proposed in lieu thereof; with certain other Lords amendments disagreed to but with amendments to the words so restored to the bill; with certain other Lords amendments agreed to with amendments; and with the remaining Lords amendments agreed to; it was ordered that the Commons amendments and reasons be printed. (HL Bill 41)

The House was adjourned at 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.

Railways Bill—The bill was further considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.

The Committee was adjourned at twelve minutes past seven o’clock.