House of Lords Journal 238 (Session 2004-05)


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Wednesday 23rd 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.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Blaker, L.

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Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brittan of Spennithorne, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Burns, L.
Buscombe, B.
Byford, B.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter, L.
Chan, L.
Chandos, V.
Chapman, B.
Chester, Bp.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Colville of Culross, V.
Colwyn, L.
Corbett of Castle Vale, L.
Courtown, E.
Coventry, Bp.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Eatwell, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
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.
Filkin, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Hodgson of Astley Abbotts, L.
Hogg, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
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.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Imbert, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laidlaw, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Levy, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
Macdonald of Tradeston, 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.
Maginnis of Drumglass, L.
Manchester, Bp.
Mancroft, L.
Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Maxton, L.
Mayhew of Twysden, L.

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Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moran, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Oxford, Bp.
Palmer, L.
Parekh, L.
Patel of Blackburn, L.
Patten, L.
Patten of Barnes, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Quinton, 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.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rogan, L.
Roll of Ipsden, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of Swaffham Prior, L.
Steel of Aikwood, L.
Steinberg, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Uddin, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Liverpool.

1.Hereditary Peers’ By-election—The Clerk of the Parliaments notified the House that the Viscount Eccles 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 Aberdare among the peers excepted from section 1 of the House of Lords Act 1999.

Judicial Business

2.Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc (Appellants) (England)—The appeal of Barclays Bank plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 4th May (lodged 22nd March).
3.Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent) (England)—The appeal of John Bernard Haysom Jackson, Patrick Douglas Martin and Harriet Mair Hughes was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 4th May.

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4.R v. Z (Appellant) (Northern Ireland) (On Appeal from the Court of Appeal Northern Ireland)—The appeal was set down for hearing and referred to an Appellate Committee.
5.R (on the application of Gillan (FC) and another (FC)) (Appellants) v. Commissioner of Police for the Metropolis 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 19th April (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 21st March).
6.In re D (a child appearing by her guardian ad litem) (Respondent) (FC)—The petition of the second respondent praying for leave to lodge a separate case (the agents for the appellant consenting thereto) was presented; and it was ordered as prayed.
7.Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc (Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
8.Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
9.Bottomley (Respondent) v. Secretary and Members of Todmorden Cricket Club (Appellants) and others—The petition of the appellants was presented praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondent consenting thereto); and it was ordered as prayed.

Papers

10.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Older People—Opportunity Age: Meeting the Challenges of ageing in the 21st century; (6466)
2.Intelligence Services—Review of Intelligence on Weapons of Mass Destruction: Implementation of Its Conclusions; (6492)
3.Council of Europe—Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe; (6493)
4.Nuclear Energy—Agreement between the United Kingdom and Ireland on the Early Notification of a Nuclear Accident or Incident of Radiological Significance and the Exchange of Information concerning the Operation and Management of Nuclear Facilities or Activities; (6494)
5.Police—Headquarters Agreement between the Government of the United Kingdom and the European Police College; (6495)
6.Corporate Manslaughter Bill, Draft—Corporate Manslaughter: The Government’s Draft Bill for Reform: Government Consultation Document; (6497)
7.Culture—Report of the Spoliation Advisory Panel in Respect of a 12th Century Manuscript now
in the Possession of the British Library.
(—)
11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Occupational Pension Schemes (Winding up etc.) Regulations 2005, laid under the Pension Schemes Act 1993; (706)
2.Workmen’s Compensation (Supplementation) (Amendment) Scheme 2005, laid under the Social Security Contributions and Benefits Act 1992; (832)
3.Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005, laid under the Reserve Forces Act 1996; (859)
4.Prison (Amendment) Rules 2005, laid under the Prison Act 1952; (869)
5. (i) Insolvency Act 1986 (Amendment) Regulations 2005— (879)
(ii) Waste Management Licensing (England and Wales) (Amendment and Related Provisions) Regulations 2005—(883)
 laid under the European Communities Act 1972;
6.Landfill Allowances and Trading Scheme (England) (Amendment) Regulations 2005, laid under the Waste and Emissions Trading Act 2003; (880)
7.Parliamentary Pensions (Amendment) Regulations 2005, laid under the Parliamentary and Other Pensions Act 1987; (887)
8.Rules of the Supreme Court (Northern Ireland) (Amendment) 2005, laid under the Judicature (Northern Ireland) Act 1978; (—)
9.Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2005, laid under the
Prison Act (Northern Ireland) 1953.
(—)

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12.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 2003–04 of the National Care Standards Commission, laid under the Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004, together with the Report of the Comptroller and Auditor General;
2.Accounts for 2003–04 of the Consolidated Fund and National Loans Fund, laid under the National Loans Act 1968, together with the Report of the Comptroller and Auditor General;
3.Prudential Borrowing Code for National Health Service Foundation Trusts, laid under the Health and Social Care (Community Health and Standards) Act 2003;
4.Report of the Parliamentary Commissioner for Administration on the Maxwell Communications Pension Plan Complaint, laid under the Parliamentary Commissioner Act 1967;
5.Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005, laid under the Social Security (Miscellaneous Provisions) Act 1977. (851)

Select Committee Reports

13.Human Rights—The following Reports from the Joint Committee were made and ordered to be printed:

Scrutiny of Bills: Progress Report, together with appendices; (15th Report—HL Paper 97)

Equality Bill, together with an appendix; (16th Report—HL Paper 98)

Review of International Human Rights Instruments, together with appendices. (17th Report—HL Paper 99)

Public Business

14.Business of the House—It was moved by the Lord President (Baroness Amos) that the debates on the motions in the names of the Baroness Perry of Southwark and the Lord Howard of Rising set down for today shall each be limited to 2½ hours; the motion was agreed to.
15.Railways Bill—It was moved by the Lord Davies of Oldham that the amendments for the Report stage be marshalled and considered in the following order:
Clause 1
Schedules 1 and 2
Clause 2
Schedule 3
Clauses 3 and 4
Schedule 4
Clauses 5 to 19
Schedule 5
Clauses 20 and 21
Schedule 6
Clause 22
Schedule 7
Clauses 23 to 25
Schedule 8
Clauses 26 to 45
Schedule 9
Clauses 46 to 52
Schedule 10
Clause 53
Schedule 11
Clauses 54 to 58
Schedules 12 and 13
Clause 59;

the motion was agreed to.

16.Schools: pupil behaviour (2½-hour debate)—It was moved by the Baroness Perry of Southwark that there be laid before the House papers relating to pupil behaviour in schools; after debate, the motion was (by leave of the House) withdrawn.
17.Planning policies (2½-hour debate)—It was moved by the Lord Howard of Rising that there be laid before the House papers relating to Government planning policies on new house building and the control of traveller sites; after debate, the motion was (by leave of the House) withdrawn.
18.New Opportunities Fund (Specification of Initiative) Order 2005—The Grand Committee reported that it had considered the draft Order.
19.Contracting Out (Functions in Relation to Cultural Objects) Order 2005—The Grand Committee reported that it had considered the draft Order.
20.Income Tax (Trading and Other Income) Bill—It was moved by the Lord McIntosh of Haringey that the bill be now read a second time; the motion was agreed to and the Committee was negatived; then, Standing Order 47 having been dispensed with, the bill was read a third time and passed.

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21.Open-Ended Investment Companies (Amendment) Regulations 2005—It was moved by the Lord McIntosh of Haringey that the draft Regulations laid before the House on 10th February be approved; after debate, the motion was agreed to.
22.Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2005—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 10th February be approved; the motion was agreed to.
23.Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2005—It was moved by the Lord McIntosh of Haringey that the draft Order laid before the House on 1st February be approved; after debate, the motion was agreed to.
24.Child Trust Funds (Appeals) Regulations 2005—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 9th February be approved; after debate, the motion was agreed to.
25.Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 9th February be approved; the motion was agreed to.
26.Social Security Commissioners (Procedure) (Child Trust Funds) Regulations 2005—It was moved by the Baroness Hollis of Heigham that the draft Regulations laid before the House on 9th February be approved; the motion was agreed to.

The House was adjourned at twenty-four minutes past nine o’clock
till tomorrow, eleven o’clock.


APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

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

New Opportunities Fund (Specification of Initiative) Order 2005—It was moved by the Lord McIntosh of Haringey that the Grand Committee do consider the draft New Opportunities Fund (Specification of Initiative) Order 2005; after debate, the motion was agreed to.

Contracting Out (Functions in Relation to Cultural Objects) Order 2005—It was moved by the Lord McIntosh of Haringey that the Grand Committee do consider the draft Contracting Out (Functions in Relation to Cultural Objects) Order 2005; after debate, the motion was agreed to.

Bovine tuberculosis—The Countess of Mar asked Her Majesty’s Government whether they will reconsider their policy on bovine tuberculosis in light of concerns expressed by more than 350 veterinary surgeons to the Secretary of State for Environment, Food and Rural Affairs about the spread of the disease; after debate, the question was answered by the Lord Whitty.

United Nations: Rights of the Child Report 2002—The Baroness Walmsley asked Her Majesty’s Government what progress has been made on the recommendations of the United Nations Committee on the Rights of the Child Report 2002; after debate, the question was answered by the Baroness Andrews.

The Committee was adjourned at two minutes before seven o’clock.