House of Lords Journal 239 (Session 2005-06)


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Thursday 19th May 2005

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

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Ackner, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
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.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bingham of Cornhill, L.
Blackstone, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carswell, L.
Carter, L.
Chan, L.
Chandos, V.
Chorley, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cumberlege, B.

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Currie of Marylebone, L.
Dahrendorf, L.
Darcy de Knayth, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eccles, V.
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.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howard of Rising, L.
Howe, E.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Hylton, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Judd, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsdown, L.
Kingsland, L.
Knight of Collingtree, B.
Laidlaw, L.
Laird, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Liverpool, Bp.
Livsey of Talgarth, L.
Lockwood, B.
London, Bp.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
Macaulay of Bragar, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
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.
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.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
Oppenheim-Barnes, B.
Ouseley, L.
Owen, L.
Oxburgh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.

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Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roper, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Southwell and Nottingham, Bp.
Steinberg, L.
Stern, B.
Steyn, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Temple-Morris, L.
Tenby, V.
Thatcher, B.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, 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.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warnock, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Weidenfeld, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Winchester, Bp.
Wolfson, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Liverpool.

1.Oaths—The Lords following took and subscribed the oath pursuant to statute:

Leonard Gordon Lord Wolfson
Richard Frederick Lord Vincent of Coleshill
John Roundell Earl of Selborne
Brenda Baroness Dean of Thornton-le-Fylde
Philip Lord Gould of Brookwood
Bertram Stanley Mitford Lord Denham

Judicial Business

2.R v. Z (Appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland)—The cause was considered; it was ordered and adjudged that the question referred by the Attorney-General for Northern Ireland to the Court of Appeal for Northern Ireland under section 15(1) of the Criminal Justice (Northern Ireland) Act 1980, on which that Court gave its opinion on 30th June 2004, be answered in the affirmative and the appeal dismissed; and that the costs of the appellant in this House be paid out of central funds in accordance with section 34(3) of the Criminal Appeal (Northern Ireland) Act 1980, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 35
3.Her Majesty’s Attorney General (Respondent) v. Scotcher (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—It was moved by the Lord Steyn, That the First 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 16th May 2003 be affirmed and the appeal dismissed. [2005] UKHL
4.Inntrepreneur Pub Company (CPC) and others (Original Appellants and Cross-Respondents) v. Crehan (Original Respondent and Cross-appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
5.Appeal Committee—The First Report from the Appeal Committee was agreed to and the following Orders were made—

In re Hewitson (Petitioner) (application for a writ of Habeas Corpus)—That leave to appeal be refused.

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Bhamjee (Petitioner) v. Forsdick and others (Respondents) and one other action—That the petition be dismissed as inadmissible.
Mukasa (aka Barker) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That the petition be dismissed as inadmissible.
R (on the application of Bhamjee) (Petitioner) v. Legal Services Ombudsman and others (Respondents)—That the petition be dismissed as inadmissible.

6.Appeal Committee—The 2nd Report from the Appeal Committee was agreed to and the following Orders were made—

R (on the application of Laporte) (FC) (Petitioner) v. Chief Constable of Gloucestershire (Respondent)—That the petition of the Commissioner of Police of the Metropolis that he might be heard or otherwise intervene in the said petition for leave to appeal be allowed.
R (on the application of Laporte) (FC) (Petitioner) v. Chief Constable of Gloucestershire (Respondent)—That the petition of the Chief Constable of the Thames Valley Police that he might be heard or otherwise intervene in the said petition for leave to appeal be allowed.
R (on the application of Laporte) (FC) (Petitioner) v. Chief Constable of Gloucestershire (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 2nd June.

The House was adjourned during pleasure.

The House was resumed.

Papers

7.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.European Union—Convention on the Accession of Austria, Finland and Sweden to the Convention on the Elimination of Double Taxation in Connection with the Adjustment of Profits of Associated Enterprises, with Minutes of Signing;
 (6551)
2.Security—OCCAR Security Agreement between France, Germany, Belgium, Italy and the United Kingdom concerning the protection of classified information.
 (6554)
8.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Accounts for 1st April 2004 to 30th November 2004 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General—
(i)Kent and Somerset—
(ii)Hackney—
 laid under the School Standards and Framework Act 1998;
2.Accounts for 1st April 2004 to 9th January 2005 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General—
(i) Clacton and Harwich—
(ii) Wolverhampton—
 laid under the School Standards and Framework Act 1998;
3.Accounts for 2003–04 of the Hastings and St Leonards Education Action Zone, laid under the School Standards and Framework Act 1998, together with the Report of the Comptroller and Auditor General;
4. (i)Accounts for 1999–2000 of the Assembly Contributory Pension Fund—
(ii)Accounts for 1999–2000 of the Members’ Contributory Pension (Northern Ireland) Fund—
(iii)Accounts for 2000–01 of the Assembly Contributory Pension Fund—
(iv)Accounts for 2000–01 of the Members’ Contributory Pension (Northern Ireland) Fund—
(v)Accounts for 2001–02 of the Assembly Contributory Pension Fund—
(vi)Accounts for 2001–02 of the Members’ Contributory Pension (Northern Ireland) Fund—
(vii)Accounts for 2001–02 of the Northern Ireland Social Security Agency Social Fund—
 laid under the Northern Ireland Act 2000.

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Private Business

9.Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [HL]—It was moved by the Chairman of Committees that this House resolves that the promoters of the Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [HL] which was introduced in this House in the previous session on 24th January 2005 should have leave to proceed with the bill in the current session in accordance with the provisions of Private Business Standing Order 150B (Revival of bills); the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
10.London Local Authorities Bill [HL]—It was moved by the Chairman of Committees that this House resolves that the promoters of the London Local Authorities Bill [HL] which was introduced in this House in the previous session on 24th January 2005 should have leave to proceed with the bill in the current session in accordance with the provisions of Private Business Standing Order 150B (Revival of bills); the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
11.London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—It was moved by the Chairman of Committees that this House resolves that the promoters of the London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL] which was introduced in this House in the previous session on 24th January 2005 should have leave to proceed with the bill in the current session in accordance with the provisions of Private Business Standing Order 150B (Revival of bills); the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.
12.HBOS Group Reorganisation Bill—A message was brought from the Commons, that they have made the following order to which they desire the concurrence of this House:

That the promoters of the HBOS Group Reorganisation Bill which originated in this House in the previous session on 25th January 2005 may have leave to proceed with the Bill in the current session according to the provision of Standing Order 188B (Revival of Bills);
That on the next sitting day following presentation of the Bill, the Clerk in the Private Bill Office shall lay the Bill on the Table of the House.

13.London Local Authorities and Transport for London Bill—A message was brought from the Commons, that they have made the following order to which they desire the concurrence of this House:

That the promoters of the London Local Authorities and Transport for London Bill which originated in this House in the previous session on 25th January 2005 may have leave to proceed with the Bill in the current session according to the provision of Standing Order 188B (Revival of Bills);
That on the next sitting day following presentation of the Bill, the Clerk in the Private Bill Office shall lay the Bill on the Table of the House.

Public Business

14.Committee of Selection—It was moved by the Chairman of Committees that in accordance with Standing Order 64 a Committee of Selection be appointed to select and propose to the House the names of the Lords to form each select committee of the House (except the Committee of Selection itself and any committee otherwise provided for by statute or by order of the House) or any other body not being a select committee referred to it by the Chairman of Committees, and the panel of Deputy Chairmen of Committees; and that the following Lords together with the Chairman of Committees be named of the Committee—
B. Amos (Lord President)
L. Brooke of Sutton Mandeville
L. Cope of Berkeley
L. Grocott
L. McNally
B. Massey of Darwen
L. Shutt of Greetland
L. Strathclyde
V. Tenby
L. Williamson of Horton;

the motion was agreed to.

15.The Queen’s Speech—The debate on the motion that an Humble Address be presented to Her Majesty was resumed and, after further debate, was again adjourned to Monday next.
16.Oath—Frederick Edward Robin Lord Butler of Brockwell took and subscribed the oath pursuant to statute.

The House was adjourned at fourteen minutes past six o’clock

to Monday next, half-past two o’clock.