House of Lords Journal 239 (Session 2005-06)


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Wednesday 25th 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.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alliance, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Andrews, B.
Anelay of St Johns, B.
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.
Birt, L.
Blackstone, B.
Blackwell, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Briggs, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Cameron of Lochbroom, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chan, L.
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.
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.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eatwell, 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.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
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.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Gregson, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Guthrie of Craigiebank, L.
Habgood, L.
Hamwee, B.

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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.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
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.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hurd of Westwell, L.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
James of Holland Park, B.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Judd, L.
Kilpatrick of Kincraig, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkhill, L.
Knight of Collingtree, B.
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.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lucas, L.
Luke, L.
Lyell, L.
McFarlane of Llandaff, B.
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.
Manchester, Bp.
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.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montrose, D.
Morgan of Drefelin, B.
Morgan of Huyton, 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.
Naseby, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Nicol, B.
Noakes, B.
Northbourne, L.
Northover, B.
Norton of Louth, L.
Norwich, Bp.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
Oppenheim-Barnes, B.
Ouseley, 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.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Platt of Writtle, B.
Plumb, L.
Ponsonby of Shulbrede, L.
Portsmouth, Bp.
Powell of Bayswater, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Renwick of Clifton, L.
Richardson of Calow, B.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, 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.
Sharman, 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.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.

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Smith of Leigh, L.
Snape, L.
Steel of Aikwood, L.
Steinberg, 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.
Tebbit, L.
Temple-Morris, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Vincent of Coleshill, L.
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 Richmond, L.
Waverley, V.
Weatherill, 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.
Woolmer of Leeds, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Newcastle.

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

Robert Lord Kilpatrick of Kincraig

Asa Lord Briggs

Nigel Simeon Bishop of Manchester

John Stapylton Lord Habgood

Philip Lord Allen of Abbeydale

Alexander Charles Lord Carlile of Berriew

Basil Lord Feldman

Robin William Lord Renwick of Clifton

Colin Morven Lord Sharman

Kenneth John Lord Cameron of Lochbroom

Judicial Business

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)—

Further to the Order of the House of Thursday 17th March 2005 (29th Report Session 2004–05; [2005] UKHL 21), it was ordered that the respondent do pay or cause to be paid to the appellants their costs incurred in this House and that the amount of such costs, if any, to be paid by the respondent 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 respondent in this House be taxed in accordance with the Access to Justice Act 1999.

4.Secretary of State for Work and Pensions (Appellant) v. M (Respondent)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 23rd June (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
5.Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants)—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 18th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
6.McCarroll (FC) (Petitioner) v. Statham Gill Davies (a firm) (Respondents)—The petitioner’s notice of funding was lodged.
7.Appeal Committee—The 4th Report from the Appeal Committee was agreed to and the following Order was made—

Law Society (Original Respondents and Cross-petitioners) v. Sephton & Co (a firm) (Original Petitioners and Cross-respondents) and another and others (Original Petitioners and Cross-respondents)—That leave to cross-appeal be given; and that the petition of cross-appeal be lodged by 8th June.

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8.Appeal Committee—The 5th Report from the Appeal Committee was agreed to and the following Orders were made—

McCarroll (FC) (Petitioner) v. Statham Gill Davies (a firm) (Respondents)—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.

Brunt and others (Petitioners) v. Southampton International Airport Limited (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 8th June.

Gottlieb and another (Petitioners) v. AXA General Insurance Limited (Respondents)—That the petition be referred for hearing.

London Borough of Islington (Respondents) v. Green and another (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.

Papers

9.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Finance—Central Government Supply Estimates 2005–06 Supplementary Budgetary Information;
 (6489)
2.Pay Review Bodies—Armed Forces’ Pay Review Body: Service Medical and Dental Officers Supplement to the Thirty-Fourth Report 2005;
 (6563)
3.Foreign and Commonwealth Office—Fourth Supplementary List of Ratifications, Accessions, Withdrawals, etc., for 2004;
 (6564)
4.Housing—Government Response to the House of Commons Environmental Audit Committee Report—Housing: Building a Sustainable Future;
 (6575)
5.Ministry of Defence—Departmental Minute concerning the gifting of non-lethal military equipment to the Government of Nepal.
 (—)
10.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Northern Ireland Act 2000 (Modification) (No. 2) Order 2005, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum;
2.Draft Companies Act 1989 (Delegation) Order 2005, laid under the Companies Act 1989, together with an Explanatory Memorandum.
11.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Textile Products (Indications of Fibre Content) (Amendment) Regulations 2005, laid under the European Communities Act 1972.

(1401)

12.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Accounts for 2003–04 of the Office of the Chief Inspector of Criminal Justice in Northern Ireland, together with the Report of the Comptroller and Auditor General, laid under the Justice (Northern Ireland) Act 2002;
2.Report and Accounts for 2004 of the British Board of Film Classification, laid under the Video Recordings Act 1984;
3.Treasury minute directing the application of certain amounts as Appropriations in Aid of the Estimates for 2005–06, laid under the Government Resources and Accounts Act 2000;
4.Code of Practice for Northern Ireland, laid under the Criminal Procedure and Investigations Act 1996.

Public Business

13.Commissioner for Older People (Wales) Bill [hl]—A bill to establish and make provision about the office of the Commissioner for Older People in Wales; to make provision about the functions of the Commissioner for Older People in Wales; and for connected purposes was presented by the Lord Evans of Temple Guiting, read a first time and ordered to be printed. (HL Bill 6)

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14.Commissioner for Older People (Wales) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 6-EN)
15.Fraud Bill [HL]—A bill to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly was presented by the Lord Goldsmith, read a first time and ordered to be printed. (HL Bill 7)
16.Fraud Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 7-EN)
17.Merchant Shipping (Pollution) Bill [hl]—A bill to enable effect to be given to the Supplementary Fund Protocol 2003 and to future revisions of the international arrangements relating to compensation for oil pollution from ships; to enable effect to be given to Annex VI of the MARPOL Convention; and to amend section 178(1) of the Merchant Shipping Act 1995 was presented by the Lord Davies of Oldham, read a first time and ordered to be printed. (HL Bill 8)
18.Merchant Shipping (Pollution) Bill [HL]—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 8-EN)
19.Privileges—It was moved by the Chairman of Committees that a Committee for Privileges be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees and any four Lords of Appeal be named of the Committee:
B. Amos (Lord President)
L. Brooke of Sutton Mandeville
L. Browne-Wilkinson
L. Carlisle of Bucklow
L. Cope of Berkeley
L. Graham of Edmonton
L. Grocott
L. Mackay of Clashfern
L. McNally
L. Marsh
L. Merlyn-Rees
L. Shutt of Greetland
L. Strabolgi
L. Strathclyde
L. Williamson of Horton;

That the Committee have power to appoint sub-committees and that such sub-committees have power to appoint their own Chairmen;

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

the motion was agreed to.

20.Hybrid Instruments—It was moved by the Chairman of Committees that a Select Committee be appointed to consider hybrid instruments and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Campbell of Alloway
B. Fookes
L. Grantchester
L. Harrison
L. Luke
L. Quirk
L. Sandberg;

the motion was agreed to.

21.Personal Bills—It was moved by the Chairman of Committees that a Select Committee be appointed to consider personal bills and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
V. Allenby of Megiddo
L. Geddes
L. Greaves
V. Simon
L. Slynn of Hadley
L. Templeman;

the motion was agreed to.

22.Standing Orders (Private Bills)—It was moved by the Chairman of Committees that a Select Committee on the Standing Orders relating to private bills be appointed and that, as proposed by the Committee of Selection, the following Lords together with the Chairman of Committees be named of the Committee:
L. Geddes
B. Gould of Potternewton
L. Luke
L. Naseby
L. Palmer
V. Simon
B. Thomas of Walliswood;

the motion was agreed to.

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23.Deputy Chairmen of Committees—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed as the panel of Lords to act as Deputy Chairmen of Committees for this session:
V. Allenby of Megiddo
L. Ampthill
L. Boston of Faversham
L. Brougham and Vaux
L. Carter
L. Cope of Berkeley
L. Elton
B. Fookes
L. Geddes
B. Gould of Potternewton
L. Grocott
L. Haskel
B. Hooper
B. Lockwood
L. Lyell
C. Mar
B. Pitkeathley
B. Ramsay of Cartvale
V. Simon
B. Thomas of Walliswood
L. Tordoff
B. Turner of Camden
V. Ullswater;

the motion was agreed to.

24.The Queen’s Speech—The debate was resumed on the Motion that an Humble Address be presented to Her Majesty as follows—

“Most Gracious Sovereign,

We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”;

after further debate, the motion was agreed to nemine dissentiente, and it was ordered that the Address be presented to Her Majesty by the Lord Chamberlain.

The House was adjourned at seventeen minutes past nine o’clock
till tomorrow, a quarter before ten o’clock for judicial business,
eleven o’clock for public business.