House of Lords Journal 238 (Session 2004-05)


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Monday 14th 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.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Avebury, L.
Bagri, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Birt, L.
Bledisloe, V.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, 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.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carter, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chan, L.
Chandos, V.
Chapman, B.
Chelmsford, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.

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Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles of Moulton, B.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
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.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Gibson of Market Rasen, B.
Giddens, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Grantchester, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, 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.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Hooper, B.
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 Wirral, L.
Imbert, L.
Inglewood, L.
Irvine of Lairg, L.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
Kalms, L.
Kennedy of The Shaws, B.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkhill, L.
Laird, L.
Laming, L.
Lang of Monkton, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McFarlane of Llandaff, B.
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.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Moore of Wolvercote, 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.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Neill of Bengarve, B.
Onslow, E.
Owen, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Parkinson, L.
Patel of Blackburn, 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.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prashar, B.
Prosser, B.

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Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Preston Candover, L.
St. Albans, Bp.
St John of Fawsley, L.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
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.
Smith of Leigh, L.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Temple-Morris, L.
Tenby, V.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Walmsley, B.
Warnock, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Worcester, Bp.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Chelmsford.

1.Hereditary Peers’ By-election—The Clerk of the Parliaments notified the House that the Lord De Mauley had been elected in accordance with the provisions of Standing Order 10 (Hereditary peers: by-elections) to fill the vacancy created by the death of Lord Burnham among the peers excepted from section 1 of the House of Lords Act 1999.

Judicial Business

2.Harding (Appellant) v. Wealands (Respondent) (England)—The appeal of Giles Christian Harding was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 25th April.
3.Horton (Original Appellant and Cross-respondent) v. Sadler and others (Original Respondents and Cross-appellants) (England)—The cross-appeal of the Motor Insurers’ Bureau was presented notwithstanding that the time limited by Standing Order VII has expired and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 25th April.
4.London Borough of Islington (Respondents) v. Green and another (FC) (Petitioner)—The petition of Gary O’Shea praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 10th March).
5.Mukasa (aka Barker) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of Steven Mukasa (aka Stephen John Barker) praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
6.Bhamjee (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—The petition of Ismail Abdulhai Bhamjee praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.

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7.R (on the application of Bhamjee) (Petitioner) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—The petition of Ismail Abdulhai Bhamjee praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.
8.R (on the application of Bhamjee) (Petitioner) v. Legal Services Ombudsman and others (Respondents)—The petition of Ismail Abdulhai Bhamjee praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired 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.
9.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 25th April (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
10.Harding (Appellant) v. Wealands (Respondent)—It was ordered that the appellant be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.

Papers

11.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Housing—Government Response to the Report of the House of Commons Select Committee on the ODPM Homelessness Inquiry; (6490)
2.Social Security—Report by the Social Security Advisory Committee and the statement withdrawing the proposed regulations by the Secretary of State for Work and Pensions in the Draft Social Security (Incapacity for Work) (General) Amendment Regulations 2003. (6491)
12.Affirmative Instrument—The following Instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Civil Procedure (Amendment No. 2) Rules 2005, laid under the Prevention of Terrorism Act 2005.

13.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i) Armed Forces Early Departure Payments Scheme Order 2005— (437)
(ii) Armed Forces Pension Scheme Order 2005—(438)
(iii)Armed Forces and Reserve Forces (Compensation Scheme) Order 2005—(439)
(iv)Armed Forces (Pensions and Compensation) Act 2004 (Transitional Provision) Order 2005—(660)
 laid under the Armed Forces (Pensions and Compensation) Act 2004;
2.Contracting-out, Protected Rights and Safeguarded Rights (Transfer Payment) Amendment Regulations 2005, laid under the Pension Schemes Act 1993; (555)
3.(i) Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2005, laid under the European Communities Act 1972— (557)
(ii)Road Transport (Working Time) Regulations 2005—(639)
 laid under the European Communities Act 1972;
4. (i) Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2005— (569)
(ii) Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2005—(671)
 laid under the Nationality, Immigration and Asylum Act 2002;
5.Stakeholder Pension Schemes (Amendment) Regulations 2005, laid under the Welfare Reform and Pensions Act 1999; (577)
6.Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005, laid under the Criminal Justice and Police Act 2001; (581)
7. (i) Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005— (643)
(ii) Criminal Justice (Sentencing) (Licence Conditions) Order 2005—(648)
(iii) Criminal Justice Act 2003 (Retrial for Serious Offences) Order 2005—(679)
 laid under the Criminal Justice Act 2003;
8.Personal Injuries (Civilians) (Amendment) Scheme 2005, laid under the Personal Injuries (Emergency Provisions) Act 1939; (655)

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9.Detention Centre (Amendment) Rules 2005, laid under the Immigration and Asylum Act 1999; (673)
10.Financial Services and Markets Act 2000 (Variation of Threshold Conditions) (Amendment) Order 2005, laid under the Financial Services and Markets Act 2000. (680)
14.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Accounts for 2003–04 of the Probation Board for Northern Ireland, laid under the Probation Board (Northern Ireland) Order 1982, together with the Comptroller and Auditor General’s Report.

Public Business

15.Business of the House—It was moved by the Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that Standing Orders 41 (Arrangement of the Order Paper) and 47 (No two stages of a bill to be taken on one day) be dispensed with on 16th March to allow the Consolidated Fund (Appropriation) Bill to be taken through its remaining stages that day before the motion in the name of the Baroness Sharp of Guildford; the motion was agreed to.
16.Business of the House—It was moved by the Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that Standing Order 47 (No two stages of a bill to be taken on one day) be dispensed with on 23rd March to allow the Income Tax (Trading and Other Income) Bill to be taken through its remaining stages that day; the motion was agreed to.
17.Business of the House—It was moved by the Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that the following Unstarred Question be referred to a Grand Committee—

The Baroness Gould of Potternewton—To ask Her Majesty’s Government what progress has been made on the Plan of Action agreed at the United Nations World Conference on Women held in Beijing in 1995;

the motion was agreed to.

18.Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005—It was moved by the Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that the draft Order be referred to a Grand Committee; the motion was agreed to.
19.Serious Organised Crime and Police Bill—It was moved by the Baroness Scotland of Asthal 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.

The House was adjourned at twenty minutes before eleven o’clock
till tomorrow, half-past two o’clock.


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 the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the Committee was adjourned after amendment 148.

The Committee was adjourned at twenty-nine minutes before eight o’clock.