House of Lords Journal 239 (Session 2005-06)


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Tuesday 24th 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.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Bagri, 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.
Blackstone, B.
Bledisloe, V.
Blood, B.

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Bonham-Carter of Yarnbury, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Buscombe, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chan, L.
Chandos, V.
Chapman, B.
Christopher, L.
Clark of Windermere, 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.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dean of Thornton-le-Fylde, B.
Dearing, L.
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.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Emerton, B.
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.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, 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.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Grantchester, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Gregson, L.
Grenfell, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Hope of Craighead, L.
Howard of Rising, L.
Howarth of Breckland, B.
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 Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
James of Holland Park, B.
Janner of Braunstone, L.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lucas, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, 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.
May of Oxford, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.

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Mishcon, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Moran, 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.
Naseby, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northover, B.
Norton of Louth, L.
Norwich, Bp.
O’Cathain, B.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prior, L.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rana, 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.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roper, L.
Rosser, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, 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.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Simon of Glaisdale, L.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stevens of Kirkwhelpington, 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.
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.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Vinson, 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.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Wilson of Tillyorn, L.
Windlesham, L.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Newcastle.

1.Lord Stevens of Kirkwhelpington—Sir John Arthur Stevens, Knight, having been created Baron Stevens of Kirkwhelpington, of Kirkwhelpington in the County of Northumberland, for life by Letters Patent dated 6th April 2005, was introduced between the Baroness Goudie and the Lord Condon, 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.Oaths and affirmations—The Lords following took and subscribed the oath, or made and subscribed the solemn affirmation, pursuant to statute:

Jocelyn Edward Salis Lord Simon of Glaisdale

James Michael Leathes Lord Prior

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Christopher Samuel Lord Tugendhat

Nicola Jane Baroness Chapman

Nigel Lord Vinson

Olive Mary Wendy Baroness Nicol

George Islay MacNeill Lord Robertson of Port Ellen

Judicial Business

3.Agassi (Respondent) v. Robinson (Her Majesty’s Inspector of Taxes) (Appellant) (England)—The appeal of Steven Robinson was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 5th July.
4.Watkins (Respondent) v. Home Office (Appellants) and others—The appeal was set down for hearing and referred to an Appellate Committee (lodged 4th April).
5.College of Estate Management (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
6.J & H Ritchie Limited (Appellants) v. Lloyd Limited (Respondents) (Scotland)—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.

Papers

7.Instrument withdrawn—The following instrument, laid before the House on 27th January, was withdrawn:

Draft Anti-terrorism, Crime and Security Act 2001 (Continuance in force of Sections 21 to 23) Order 2005.

8.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Human Rights—Government Response to the Fourth Report of the House of Commons Foreign Affairs Committee, Session 2004-05, Annual Report on Human Rights 2004;
 (6571)
2.Criminal Justice—Criminal Defence Service Bill Framework Document.
 (6572)
9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Displaced Persons (Temporary Protection) Regulations 2005—(1379)
(ii)Greenhouse Gas Emissions Trading Scheme (Approved National Allocation Plan) Regulations 2005—(1387)
 laid under the European Communities Act 1972;
2.Home Grown Cereals Authority (Rate of Levy) Order 2005, laid under the Cereals Marketing Act 1965.
 (1380)
10.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Fifth Report of the Independent Monitoring Commission, laid under the Northern Ireland (Monitoring Commission etc.) Act 2003.

Select Committee Report

11.European Union—The First Report from the Select Committee, Evidence by Commissioner Franco Frattini, Commissioner for Justice, Freedom and Security on Justice and Home Affairs Matters, was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 5)

Private Business

12.HBOS Group Reorganisation Bill—It was moved by the Chairman of Committees that this House do concur with the order made by the Commons set out in their message of 19th May; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

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13.London Local Authorities and Transport for London Bill—It was moved by the Chairman of Committees that this House do concur with the order made by the Commons set out in their message of 19th May; the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

Public Business

14.Road Safety Bill [HL]—A bill to make provision about road traffic, registration plates, vehicle and driver information, trunk road picnic areas and private hire vehicles was presented by the Lord Davies of Oldham, read a first time and ordered to be printed. (HL Bill 5)
15.Road Safety Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 5-EN)
16.House Committee—It was moved by the Chairman of Committees that a Select Committee be appointed to supervise the general administration of the House and guide the work of the Management Board; to agree the annual Estimates, Supplementary Estimates and the three-year spending forecasts; to approve the House of Lords Annual Report; and to approve changes in employment policy;

That, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:

B. Amos (Lord President)
L. Barnett
L. Burlison
L. Hunt of Wirral
L. Lloyd of Berwick
L. McNally
L. Renfrew of Kaimsthorn
L. Sharman
L. Strathclyde
L. Williamson of Horton;

That the Committee have leave to report from time to time;

That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;

the motion was agreed to.

17.European Union—It was moved by the Chairman of Committees that a Select Committee be appointed to consider European Union documents and other matters relating to the European Union;

That the expression “European Union documents” shall include the following documents:

(i) Any proposal under the Community Treaties for legislation by the Council or the Council acting jointly with the European Parliament;

(ii) Any document which is published for submission to the European Council, the Council or the European Central Bank;

(iii) Any proposal for a common strategy, a joint action or a common position under Title V (provisions on a common foreign and security policy) of the Treaty on European Union which is prepared for submission to the Council or to the European Council;

(iv) Any proposal for a common position, framework decision, decision or a convention under Title VI (provisions on police and judicial co-operation in criminal matters) of the Treaty on European Union which is prepared for submission to the Council;

(v) Any document (not falling within (ii), (iii) or (iv) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to consideration of any proposal for legislation;

(vi) Any other document relating to European Union matters deposited in the House by a Minister of the Crown;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Blackwell
L. Bowness
L. Brown of Eaton-under-Heywood
L. Dubs
L. Geddes
L. Goodhart
L. Grenfell (Chairman)
L. Hannay of Chiswick
L. Harrison
L. Maclennan of Rogart
L. Marlesford
L. Neill of Bladen
L. Radice
L. Renton of Mount Harry
B. Thomas of Walliswood
L. Tomlinson
L. Woolmer of Leeds
L. Wright of Richmond;

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That the Committee have power to appoint sub-committees and to refer to such sub-committees any of the matters within the terms of reference of the Committee; that the Committee have power to appoint the Chairmen of sub-committees, but that such sub-committees have power to appoint their own Chairman for the purpose of particular inquiries; that two be the quorum of such sub-committees;

That the Committee have power to co-opt any Lord for the purpose of serving on a sub-committee;

That the Committee have power to appoint specialist advisers;

That the Committee and any sub-committee have power to adjourn from place to place;

That the Committee have leave to report from time to time;

That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;

That the minutes of evidence taken before the European Union Committee or any sub-committee in the last session of the last Parliament be referred to the Committee; and

That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed;

the motion was agreed to.

18.BBC Charter—It was moved by the Chairman of Committees that a Select Committee be appointed to consider and report on the review of the BBC Charter;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Armstrong of Ilminster
B. Bonham-Carter of Yarnbury
L. Fowler (Chairman)
B. Gibson of Market Rasen
L. Holme of Cheltenham
B. Howe of Idlicote
L. Kalms
L. King of Bridgwater
Bp. Manchester
L. Maxton
L. Peston
B. O’Neill of Bengarve;

That the Committee have power to appoint specialist advisers;

That the Committee have power to adjourn from place to place;

That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed; and

That the minutes of evidence taken before the BBC Charter Committee in the last session of the last Parliament be referred to the Committee;

the motion was agreed to.

19.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.

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


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 trusty and well beloved Sir John Arthur Stevens Knight to the state degree style dignity title and honour of Baron Stevens of Kirkwhelpington of Kirkwhelpington in Our County of Northumberland

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 Stevens of Kirkwhelpington 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

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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 sixth day of April in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL