House of Lords Journal 239 (Session 2005-06)


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Tuesday 14th June 2005

The House met at half-past two o’clock.

The following Lords Spiritual and Temporal were present:

Ackner, L.
Addington, L.
Adonis, L.
Ahmed, L.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alli, L.
Alliance, L.
Alton of Liverpool, L.
Ampthill, L.
Andrews, B.
Armstrong of Ilminster, L.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Blaker, L.
Bledisloe, V.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Brett, L.
Bridgeman, V.
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.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carlisle of Bucklow, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chalker of Wallasey, B.
Chan, L.
Chapman, B.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, 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.
Courtown, E.
Cox, B.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Currie of Marylebone, L.
Dahrendorf, L.
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.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.

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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.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Flather, B.
Fookes, B.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Gray of Contin, 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.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
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.
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.
Hylton, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Kalms, L.
King of West Bromwich, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laidlaw, L.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lockwood, B.
Lucas, L.
Ludford, B.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, L.
MacGregor of Pulham Market, 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.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marshall of Knightsbridge, L.
Masham of Ilton, B.
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.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, 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.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
Oppenheim-Barnes, B.
Ouseley, L.
Oxford, Bp.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Rawlinson of Ewell, L.
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.
Richard, 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.

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Rosser, L.
Rosslyn, E.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
St. Albans, Bp.
St. John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sharp of Guildford, B.
Shaw of Northstead, L.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Steyn, L.
Stone of Blackheath, L.
Strabolgi, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tordoff, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
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.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Chester.

1.Lord Kirkwood of Kirkhope—Sir Archibald Johnstone Kirkwood, Knight, having been created Baron Kirkwood of Kirkhope, of Kirkhope in the Scottish Borders, for life by Letters Patent dated 10th June 2005, was introduced between the Lord Steel of Aikwood and the Lord Smith of Clifton, 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.Baroness Taylor of Bolton—The Right Honourable Winifred Ann Taylor, having been created Baroness Taylor of Bolton, of Bolton in the County of Greater Manchester, for life by Letters Patent dated 13th June 2005, was introduced between the Lord Evans of Parkside and the Lord Clark of Windermere, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and made and subscribed the solemn affirmation pursuant to statute (see Appendix 2).
3.Oaths—The Lords following took and subscribed the oath pursuant to statute:

Sarah Ann Baroness Ludford

Peter Anthony Grayson Lord Rawlinson of Ewell

4.Barony of Ogmore in the Peerage of the United Kingdom—The Lord Chancellor reported that Morgan Rees Rees-Williams (formerly known as Morgan Rees Williams) had established his succession to the Barony of Ogmore. The Clerk of the Parliaments was accordingly directed to enter the Lord Ogmore on the register of hereditary peers maintained under Standing Order 10(5).

Judicial Business

5.Robb (Appellant) v. Salamis (M & I) Limited (formerly known as Salamis Marine & Industrial Limited) (Respondents) (Scotland)—The appeal of Robert Robb was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.
6.Land Securities Group plc (Appellants) v. Scottish Ministers and others (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 27th July or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
7.Appeal Committee—The 8th Report from the Appeal Committee was agreed to and the following Order was made—

Payling (FC) (Petitioner) v. Naylor (t/a Mainstreet) (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.

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Papers

8.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2005, laid under the Civil Contingencies Act 2004, together with an Explanatory Memorandum;
2.Draft Railways Act 1993 (Determination of Turnover) Order 2005, laid under the Railways Act 1993, together with an Explanatory Memorandum.
9.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 2004–05 of the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints, laid under the Ombudsman (Northern Ireland) Order 1996;
2.Report for 2004–05 of the Law Commission, laid under the Law Commissions Act 1965.

Select Committee Report

10.Merits of Statutory Instruments—The following report from the Select Committee was made and ordered to be printed:

2nd Report, on the following affirmative instrument:

Draft Dentists Act 1984 (Amendment) Order 2005;

and on the following negative instrument:

Education (Variation of Admission Arrangements) (England) Regulations 2005. (HL Paper 9)

Private Business

11.London Local Authorities Bill [HL]—A message was brought from the Commons that they concur with the resolution of this House of 19th May.

Public Business

12.Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that leave be given to advance the Second Reading of the Borough Freedom (Family Succession) Bill [HL] from Thursday 23rd June to Wednesday 22nd June; the motion was agreed to.
13.Merchant Shipping (Pollution) Bill [HL]—It was moved by the Lord Davies of Oldham that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
14.Commissioner for Older People (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Grand Committee.
15.Firearms (Amendment) (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the draft Order laid before the House on 21st February be approved; after debate, the motion was agreed to.
16.Local Government (Northern Ireland) Order 2005—It was moved by the Lord Rooker that the draft Order laid before the House on 2nd March be approved; after debate, the motion was agreed to.
17.Direction given on 1st April 2005 by the Secretary of State for Northern Ireland under the Northern Ireland Act 1998, regarding Reduction of Financial Assistance—It was moved by the Lord Rooker that the Direction laid before the House on 4th April be approved; after debate, the motion was agreed to.
18.Adoption—The Baroness Barker asked Her Majesty’s Government, in light of their consultation under the Adoption and Children Act 2002 on the provision of information to those who have been adopted, what issues were brought to light concerning those who are in care and how their needs for information and access to services have been considered; after debate, the question was answered by the Lord Adonis.

The House was adjourned at nine minutes before eight 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 Sir Archibald Johnstone Kirkwood Knight to the state degree style dignity title and honour of Baron Kirkwood of Kirkhope of Kirkhope in the Scottish Borders

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 Kirkwood of Kirkhope 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 tenth day of June 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 right trusty and well beloved Counsellor Winifred Ann Taylor to the state degree style dignity title and honour of Baroness Taylor of Bolton of Bolton in Our County of Greater Manchester

And for Us Our heirs and successors do appoint give and grant unto her the said name state degree style dignity title and honour of Baroness Taylor of Bolton to have and to hold unto her for her life

Willing and by these Presents granting for Us Our heirs and successors that she 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 she 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 thirteenth day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL