House of Lords Journal 239 (Session 2005-06)


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Page 30

2005-06

Volume 239      

Monday 23rd May 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.
Adebowale, L.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Alliance, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Ashdown of Norton-sub-
Hamdon, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bagri, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Blackstone, B.
Bledisloe, V.
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.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brittan of Spennithorne, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Cavendish of Furness, L.
Chadlington, L.
Chelmsford, Bp.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cohen of Pimlico, B.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Darcy de Knayth, B.
David, 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.
Eatwell, L.
Eccles, V.
Eden of Winton, L.
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.
Fearn, L.
Fellowes, L.
Filkin, L.
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.
Geddes, L.
George, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilmour of Craigmillar, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Gray of Contin, L.
Greengross, B.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Peckham, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hollis of Heigham, B.
Hooson, L.
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.
Hurd of Westwell, L.
Hylton, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.

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Jellicoe, E.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Jordan, L.
Kennedy of The Shaws, B.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Levy, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Lloyd of Berwick, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, 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.
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.
Moran, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northover, B.
Norton of Louth, L.
Norwich, Bp.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Owen, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prys-Davies, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rotherwick, L.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Sheppard of Didgemere, 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.
Steel of Aikwood, L.
Stern, B.
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.
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.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.

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Williamson of Horton, L.
Windlesham, L.
Woolmer of Leeds, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Newcastle.

1.Lord Adonis—Andrew Adonis Esquire, having been created Baron Adonis, of Camden Town in the London Borough of Camden, for life by Letters Patent dated 16th May 2005, was introduced between the Lord President (Baroness Amos) and the Lord Levy, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute (see Appendix 1).
2.Lord Ramsbotham—General Sir David John Ramsbotham, GCB, CBE, having been created Baron Ramsbotham, of Kensington in the Royal Borough of Kensington and Chelsea, for life by Letters Patent dated 17th May 2005, was introduced between the Lord Inge and the Baroness Stern, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute (see Appendix 2).
3.Oaths—The Lords following took and subscribed the oath pursuant to statute:

Ian Hedworth John Little Lord Gilmour of Craigmillar

Nigel Lord Lawson of Blaby

Melvyn Lord Bragg

Richard Hugh Lord Cavendish of Furness

Helena Ann Baroness Kennedy of The Shaws

Raj Kumar Lord Bagri

William Herbert Lord Laming

Alan John Lord Watson of Richmond

Judicial Business

4.JD (FC) (Appellant) v. East Berkshire Community Health NHS Trust (Respondents) and two other actions (FC)—Further to the Order of the House of Wednesday 21st March 2005 (31st Report Session 2004-05 [2005] UKHL 23), it was ordered that the appellants do pay or cause to be paid to the respondents their costs in this House and that the amount of such costs, if any, to be paid by the appellants and to be paid out of the Community Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the appellants in this House be taxed in accordance with the Access to Justice Act 1999.
5.O’Brien and others (FC) (Petitioners) v. Independent Assessor (Respondent)—The petition of Vincent Hickey and Michael Hickey praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged.
6.London Borough of Brent (Respondents) v. Banjo (FC) (Petitioner)—The petition of Olatunji Banjo praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 20th May).
7.Sritharan (Petitioner) v. Law Society (Respondents)—The petition of Murugesu Kanapathipillai Sritharan praying for leave to appeal was presented and referred to an Appeal Committee.
8.Markem Corporation and others (Petitioners) v. Zipher Limited (Respondents) and one other action—The petition of Markem Corporation and Markem Technologies Limited praying for leave to appeal was presented and referred to an Appeal Committee.
9.Jones (Respondent) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)—
10.Mitchell and others (Respondents) v. Al-Dali and others and Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Appellants)—
11.Jones (Appellant) v. Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) (Respondents)—

(Conjoined Appeals)—

The petition of the Secretary of State for Constitutional Affairs praying for leave to intervene in the said appeals was presented and referred to an Appeal Committee.

12.Harding (Appellant) v. Wealands (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
13.Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council (Appellants) and others (Scotland)—

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14.Standard Commercial Property Securities Limited and others (Respondents) v. Glasgow City Council and others (Appellants) (Scotland)—

(Conjoined Appeals)—

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 6th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

15.Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant)—The appellant’s certificate of public funding was lodged.
16.Appeal Committee—The 3rd Report from the Appeal Committee was agreed to and the following Orders were made—

R (on the application of Clift) (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 6th June.

Secretary of State for the Home Department (Respondent) v. Hindawi and another (Petitioner) (FC)—That leave to appeal be given; and that the petition of appeal be lodged by 6th June.

R (on the application of X) (FC) (Petitioner) v. Chief Constable of West Midlands Police (Respondent)—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 respondent be at liberty to apply for his 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.

Hockenjos (Respondent) v. Secretary of State for Work and Pensions (Petitioner)—That the respondent be invited to lodge objections by 6th June.

Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Petitioner) and another—That leave to appeal be given; and that the petition of appeal be lodged by 6th June.

Papers

17.Instrument withdrawn—The following instrument, laid before the House on 24th February, was withdrawn:

Draft Companies Act 1989 (Delegation) Order 2005.

18.Command Paper—The following paper, having been presented to the House by command of Her Majesty on 20th May, was ordered to lie on the Table:

Foreign and Commonwealth Office—Agreement between the United Kingdom and Poland on the Prepayment of Certain Obligations by Poland.

(6555)

19.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Education (Student Support) (Amendment) Regulations 2005, laid under the Teaching and Higher Education Act 1998.

(1341)

20.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
(i)Report for 2002–03 of the Commission for Patient and Public Involvement in Health—
(ii)Report for 2003–04 of the Commission for Patient and Public Involvement in Health—
 laid under the National Health Service Reform and Healthcare Professions Act 2002.

Public Business

21.Criminal Defence Service Bill [hl]—A bill to make provision about representation funded as part of the Criminal Defence Service was presented by the Baroness Ashton of Upholland, read a first time and ordered to be printed. (HL Bill 4)
22.Criminal Defence Service Bill [hl]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 4-EN)
23.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 till tomorrow.
24.Oath—Jeremy John Durham Lord Ashdown of Norton-sub-Hamdon took and subscribed the oath pursuant to statute.

The House was adjourned at thirteen minutes past ten o’clock

till tomorrow, half-past two o’clock.

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APPENDIX 1

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our right trusty and well beloved Andrew Adonis Esquire to the state degree style dignity title and honour of Baron Adonis of Camden Town in Our London Borough of Camden

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Adonis to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the sixteenth day of May in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL


APPENDIX 2

ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To all Lords Spiritual and Temporal and all other Our Subjects whatsoever to whom these Presents shall come Greeting Know Ye that We of Our especial grace certain knowledge and mere motion in pursuance of the Life Peerages Act 1958 and of all other powers in that behalf Us enabling do by these Presents advance create and prefer Our trusty and well beloved Sir David John Ramsbotham Knight Grand Cross of Our Most Honourable Order of the Bath Commander of Our Most Excellent Order of the British Empire General in Our Army to the state degree style dignity title and honour of Baron Ramsbotham of Kensington in Our Royal Borough of Kensington and Chelsea

And for Us Our heirs and successors do appoint give and grant unto him the said name state degree style dignity title and honour of Baron Ramsbotham to have and to hold unto him for his life

Willing and by these Presents granting for Us Our heirs and successors that he may have hold and possess a seat place and voice in the Parliaments and Public Assemblies and Councils of Us Our heirs and successors within Our United Kingdom amongst the Barons And also that he may enjoy and use all the rights privileges pre-eminences immunities and advantages to the degree of a Baron duly and of right belonging which Barons of Our United Kingdom have heretofore used and enjoyed or as they do at present use and enjoy

In Witness whereof We have caused these Our Letters to be made Patent Witness Ourself at Westminster the seventeenth day of May in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL