House of Lords Journal 238 (Session 2004-05)


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Thursday 17th March 2005

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

The following Lords Spiritual and Temporal were present:

Ackner, L.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bingham of Cornhill, L.
Blackstone, B.
Blood, B.
Bonham-Carter of Yarnbury, 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.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carswell, L.
Carter, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chan, L.
Chapman, B.
Chelmsford, B.
Chester, Bp.
Chorley, L.
Christopher, 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.
Cox, B.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Croham, L.
Cuckney, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.

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Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eames, L.
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.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Fitt, L.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gavron, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grocott, L.
Hale of Richmond, B.
Hamwee, B.
Hanham, B.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hooson, L.
Howarth of Breckland, B.
Howe, E.
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.
Hunt of Wirral, L.
Hylton, L.
Inglewood, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Laird, L.
Lamont of Lerwick, L.
Layard, L.
Leitch, L.
Lester of Herne Hill, L.
Linklater of Butterstone, B.
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.
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.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
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.
Methuen, L.
Michie of Gallanach, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
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.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Owen, L.
Oxburgh, L.
Oxford, Bp.
Palmer, L.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Plant of Highfield, L.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rendell of Babergh, B.
Rennard, L.
Renton, 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.
Rosser, L.

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Rosslyn, E.
Rotherwick, 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.
Sawyer, L.
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.
Skelmersdale, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
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.
Tope, L.
Tordoff, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.
Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walton of Detchant, L.
Warnock, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Worcester, Bp.
Young of Hornsey, B.
Young of Norwood Green, L.
Young of Old Scone, B.

PRAYERS were read by the Lord Bishop of Chelmsford.

Judicial Business

1.Regina v. Ashworth Hospital Authority (Appellants) and another ex parte B (FC) (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 28th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order and declaration of the Court of Appeal of 15th April 2003 be set aside and the Order of Sir Richard Tucker in the High Court of Justice, Queen’s Bench Division, Administrative Court of 1st July 2002 restored; that the respondent do pay to the appellants their costs in the Court of Appeal and in this House; and that the amounts thereof, if any, to be paid by the respondent and to be paid out of the Community Legal Service Fund be determined by a Costs Judge for those costs incurred in the Court of Appeal and certified by the Clerk of the Parliaments for those costs incurred before this House in accordance with section 11 of the Access to Justice Act 1999. [2005] UKHL 20
2.Regina v. Durham Constabulary and another (Appellant) ex parte R (FC) (Respondent) (Criminal Appeal from Her Majesty’s High Court of Justice)—
3.Regina v. Durham Constabulary (Appellants) and another ex parte R (FC) (Respondent)—

(Conjoined Appeals)—

It was moved by the Lord Bingham of Cornhill, That the 29th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Divisional Court of the Queen’s Bench Division of 29th November 2002 be quashed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 21

4.R v. Hasan (Respondent) (On Appeal from the Court of Appeal (Criminal Division)) (formally Regina v. Z (Respondent) (2003))—It was moved by the Lord Bingham of Cornhill, That the 30th 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 Criminal Division of 7th February 2003 be set aside and the Order of His Honour Judge Paget QC in the Central Criminal Court of 9th February 2001 restored; that the question set out in paragraph (a) of the certified question be answered in the negative; that the rest of the certified question be answered by saying that ’the defence of duress is excluded when as a result of the accused’s voluntary association with others engaged in criminal activity he foresaw or ought reasonably to have foreseen the risk of being subjected to any compulsion by threats of violence’; and that the case be remitted to the Court of Appeal so that the defendant may surrender to his bail. [2005] UKHL 22

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5.Tehrani (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) (Scotland)—The appeal of Behrouz Tehrani was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 28th April. The appellant’s legal aid certificate was lodged (lodged 7th March).
6.OBG Limited and others (Petitioners) v. Allan and others (Respondents)—The petition of OBG Limited and OBG (Plant & Transport hire) Limited (both in creditors’ voluntary liquidation) praying for leave to appeal was presented and referred to an Appeal Committee.
7.R v. Richards (Petitioner)—The petition of Michael Richards praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 16th March).
8.Appeal Committee—The 34th Report from the Appeal Committee was agreed to and the following Order was made—

Harris (Petitioner) v. Harris (Respondent)—That the petition be dismissed as inadmissible.

9.Appeal Committee—The 35th Report from the Appeal Committee was agreed to and the following Orders were made—

London Borough of Newham (Respondents) v. Kibata (FC) (Petitioner)—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Currey (Petitioner) v. Currey (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

The House was adjourned during pleasure.

The House was resumed.

Papers

10.Instruments withdrawn—The following instruments, laid before the House on the dates shown, were withdrawn:
1.Draft Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005; (10th February 2005)
2.Draft Community Interest Company Regulations 2005. (1st March 2005)
11.Command Paper—The following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

Companies—Company Law Reform: Government Proposals.

(6456)

12.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 (Fire Safety) Order 2005, together with a statement by the Office of the Deputy Prime Minister.

13.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Community Interest Company Regulations 2005, laid under the Companies (Audit, Investigations and Community Enterprise) Act 2004, together with an Explanatory Memorandum;
2.Draft Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005, laid under the Pollution Prevention and Control Act 1999, together with an Explanatory Memorandum.
14.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Transport for London (Reserved Services) (Croydon Tramlink and Docklands Light Railway) Exception Order 2005, laid under the Greater London Authority Act 1999; (763)
2. (i) Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2005— (764)
(ii) Medicines for Human Use (Prescribing) Order 2005—(765)
(iii)Medicines (Pharmacy and General Sale—Exemption) Amendment Order 2005—(766)
 laid under the Medicines Act 1968;

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3.Medicines for Human Use (Marketing Authorisations Etc.) Amendment Regulations 2005, laid under the European Communities Act 1972; (768)
4.Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2005, laid under the Tax Credits Act 2002. (769)
5.Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2005, laid under the Immigration Act 1971; (771)
6.Social Security (Contributions) (Amendment No. 3) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992. (778)

Select Committee Reports

15.Human Rights—The following reports from the Joint Committee were made and ordered to be printed.

13th Report, Scrutiny: Sixth Progress Report, together with Appendices; (HL Paper 87)

14th Report, The Convention on the Elimination of Racial Discrimination, together with Appendices and Minutes of Evidence. (HL Paper 88)

Public Business

16.Royal Assent—The Lord Speaker (Lord Brabazon of Tara) notified the Queen’s Assent to the following Act:

Appropriation Act        c. 3

17.Constitutional Reform Bill [HL]—The bill was returned from the Commons with certain Commons amendments not insisted on but with amendments proposed in lieu thereof and with consequential amendments to the bill; it was ordered that the Commons amendments be printed. (HL Bill 47)
18.Budget (Northern Ireland) Order 2005—
19.Public Processions (Amendment) (Northern Ireland) Order 2005—
20.Electoral Law Act (Northern Ireland) 1962 (Amendment No. 2) Order 2005—
21.Electoral Law Act (Northern Ireland) 1962 (Amendment No. 3) Order 2005—

It was moved by the Lord President (Baroness Amos) that the draft Orders laid before the House on 9th, 22nd and 24th February and on 7th March be approved en bloc; the motion was agreed to.

22.Child Benefit Bill—The order of commitment was discharged.
23.Mental Capacity Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; further consideration on report was adjourned.
24.Gender Recognition (Approved Countries and Territories) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 20th January be approved; after debate, the motion was agreed to.
25.Courts Act 2003 (Consequential Provisions) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 9th February be approved; after debate, the motion was agreed to.
26.Social Security Commissioners (Procedure) (Amendment) Regulations 2005—It was moved by the Lord Evans of Temple Guiting that the draft Regulations laid before the House on 23rd February be approved; the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

27.Mental Capacity Bill—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 48)

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