House of Lords Journal 239 (Session 2005-06)


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Wednesday 15th June 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.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Birt, L.
Blaker, L.
Bledisloe, V.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.

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Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Buscombe, B.
Byford, B.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carlile of Berriew, L.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Carter of Coles, L.
Chadlington, L.
Chalker of Wallasey, B.
Chester, Bp.
Chorley, L.
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.
Courtown, E.
Cox, B.
Craig of Radley, L.
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.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Eccles of Moulton, B.
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.
Exeter, Bp.
Ezra, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Fearn, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Fowler, L.
Fraser of Carmyllie, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
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.
Graham of Edmonton, L.
Gray of Contin, L.
Greaves, L.
Greengross, B.
Greenway, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamwee, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, 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.
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.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Kalms, L.
Kennedy of The Shaws, B.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsdown, L.
Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Leitch, L.
Lester of Herne Hill, L.
Levene of Portsoken, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lucas, L.
Ludford, B.
Luke, L.
Lyell, L.
Macaulay of Bragar, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
Macfarlane of Bearsden, L.
MacGregor of Pulham Market, 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.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.

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Miller of Hendon, B.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montrose, D.
Moore of Wolvercote, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nickson, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Ouseley, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peterborough, Bp.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Quinton, 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, L.
Rees-Mogg, L.
Rendell of Babergh, B.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
St. Albans, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Sharples, B.
Shaw of Northstead, L.
Sheffield, Bp.
Sheldon, L.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Steinberg, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Stevens of Ludgate, L.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
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.
Williamson of Horton, L.
Willoughby de Broke, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Chester.

1.Lord O’Neill of Clackmannan—Martin John O’Neill Esquire, having been created Baron O’ Neill of Clackmannan, of Clackmannan in Clackmannanshire, for life by Letters Patent dated in the afternoon of 14th June 2005, was introduced between the Baroness Ramsay of Cartvale and the Lord Elder, 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 1).
2.Lord Tyler—Paul Archer Tyler Esquire, CBE, having been created Baron Tyler, of Linkinhorne in the County of Cornwall, for life by Letters Patent dated in the afternoon of 15th June 2005, was introduced between the Baroness Williams of Crosby and the Lord Clement-Jones, 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).

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

David Wigley Lord Nickson

Peter Keith Lord Levene of Portsoken

John Bishop of Sheffield

Judicial Business

4.Robson (Petitioner) v. Mitchell (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of David Robson praying for leave to appeal was presented and referred to an Appeal Committee.
5.Crofts (Respondent) and others v. Veta Limited (Petitioners) and others and one other action—The petition of Veta Limited praying for leave to appeal was presented and referred to an Appeal Committee.
6.O (FC) (Appellant) v. Crown Court at Harrow (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice)—The petition of the Secretary of State for the Home Department praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
7.R (on the application of Corporation of London) (Respondents) v. Secretary of State for Environment, Food and Rural Affairs and others (Appellants)—
8.R (on the application of Corporation of London) (Respondents) v. Secretary of State for Environment, Food and Rural Affairs (Appellant) and others—

The petition of the appellants praying that the appeals be conjoined, that they be allowed to lodge one statement, one appendix, separate cases and be separately represented and that the respondents be allowed to lodge one case (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

9.R (on the application of P (FC)) (Petitioner) v. South and South East Hampshire Youth Court (Respondents)—The petitioner’s certificate of public funding was lodged.
10.Appeal Committee—The 9th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—

Gottlieb and another (Petitioners) v. AXA General Insurance Limited (Respondents)—That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

11.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Finance—Treasury Minutes on the Seventh to Ninth Reports from the Committee of Public Accounts 2004-05;
 (6577)
2.Wales—Better Governance for Wales: Government proposals;
 (6582)
3.Defence—Agreement between the United Kingdom and the United States of America for Co-operation in Research and Development of Weapons Detection and Protection-Related Technologies;
 (6584)
4.Banking—Report for 2005 of the Bank of England.
 (—)
12.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
(i)Draft Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005, together with an Explanatory Memorandum—
(ii)Draft Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005, together with an Explanatory Memorandum—
laid under the Civil Partnership Act 2004.
13.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992;
 (1551)
2.North Northamptonshire Joint Committee Order 2005, laid under the Planning and Compulsory Purchase Act 2004;
 (1552)

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3.Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005, laid under the Road Traffic Act 1988;
 (1606)
4.Statement of Changes in Immigration Rules, laid under the Immigration Act 1971.
 (—)

Select Committee Report

14.Delegated Powers and Regulatory Reform—The following report from the Select Committee was made and ordered to be printed:

First Report, on the following bills:

Charities Bill [HL];

Equality Bill [HL];

Criminal Defence Service Bill [HL];

Road Safety Bill [HL];

Merchant Shipping (Pollution) Bill [HL];

Fishery Limits (United Kingdom) Bill [HL];

Fraud Bill [HL];

Borough Freedom (Family Succession) Bill [HL]. (HL Paper 10)

Private Business

15.London Local Authorities Bill [HL]—The Chairman of Committees acquainted the House that, pursuant to Standing Order 150B (Revival of Bills), the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented and read a first time.

Public Business

16.House Committee—It was moved by the Chairman of Committees that the Lord Tordoff be appointed a member of the Select Committee in place of the Lord Sharman; the motion was agreed to.
17.Statutory Instruments—It was moved by the Chairman of Committees, pursuant to Standing Order 74 and the resolution of the House of 16th December 1997, That, as proposed by the Committee of Selection, the following Lords be appointed to join with a Committee of the Commons as the Joint Committee on Statutory Instruments:
L. Brougham and Vaux
L. Dykes
B. Gale
B. Goudie
L. Greenway
L. Howard of Rising
L. Mancroft;

the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

18.Procedure of the House—It was moved by the Chairman of Committees that the Select Committee on Procedure of the House 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. Addington
B. Amos (Lord President)
V. Bledisloe
L. Brooke of Sutton Mandeville
L. Cope of Berkeley
B. David
B. D’Souza
L. Dubs
L. Falconer of Thoroton (Lord Chancellor)
L. Grenfell
L. Grocott
L. Howell of Guildford
L. Jopling
L. Kimball
L. McNally
L. Marsh
B. Northover
L. Rooker
L. Rosser
L. Shutt of Greetland
V. Slim
L. Snape
L. Strathclyde
L. Wakeham
L. Williams of Elvel
L. Williamson of Horton;

the motion was agreed to.

19.Equality Bill [HL]—It was moved by the Lord Falconer of Thoroton that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.

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20.Motorway advertisements—The Lord Harrison asked Her Majesty’s Government what they will do to improve and enforce the current laws governing commercial advertisements abutting Britain’s motorways; after debate, the question was answered by the Lord Bassam of Brighton.

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


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 Martin John O’Neill Esquire to the state degree style dignity title and honour of Baron O’Neill of Clackmannan of Clackmannan in Clackmannanshire

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 O’Neill of Clackmannan 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 afternoon of the fourteenth 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 Paul Archer Tyler Esquire Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Tyler of Linkinhorne in Our County of Cornwall

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 Tyler 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 in the afternoon of the fifteenth day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL