House of Lords Journal 239 (Session 2005-06)


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Wednesday 22nd 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.
Allenby of Megiddo, V.
Alliance, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.

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Anelay of St Johns, B.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Birt, L.
Blackstone, B.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bragg, L.
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.
Burlison, L.
Buscombe, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter, L.
Chadlington, L.
Chan, L.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Coventry, Bp.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Croham, L.
Cuckney, L.
Cullen of Whitekirk, L.
Cumberlege, B.
Currie of Marylebone, 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.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Eames, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, 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.
Foster of Bishop Auckland, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Gilbert, L.
Glasgow, E.
Golding, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Grantchester, L.
Gray of Contin, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Guthrie of Craigiebank, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, 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.
Henley, L.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Home, E.
Howard of Rising, L.
Howarth of Breckland, B.
Howarth of Newport, L.
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.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jopling, L.
Jordan, L.
Kerr of Kinlochard, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laidlaw, L.
Laing of Dunphail, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leitch, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.

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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, 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.
Methuen, L.
Miller of Chilthorne Domer, B.
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.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Norwich, Bp.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Oppenheim-Barnes, B.
Ouseley, L.
Owen, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, 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.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
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, L.
Rees-Mogg, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, 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.
Rowlands, L.
Royall of Blaisdon, B.
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.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Leigh, L.
Snape, L.
Southwark, Bp.
Steinberg, L.
Stern, B.
Stewartby, L.
Stoddart of Swindon, L.
Stokes, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truro, Bp.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Vincent of Coleshill, L.
Vinson, L.
Waddington, L.
Wade of Chorlton, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Elvel, L.
Williamson of Horton, L.
Winston, L.
Woolmer of Leeds, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Coventry.

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1.Lord Howarth of Newport—The Right Honourable Alan Thomas Howarth, CBE, having been created Baron Howarth of Newport, of Newport in the County of Gwent, for life by Letters Patent dated in the forenoon of 15th June 2005, was introduced between the Baroness Hollis of Heigham and the Lord Ashley of Stoke, 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 Foster of Bishop Auckland—The Right Honourable Derek Foster, having been created Baron Foster of Bishop Auckland, of Bishop Auckland in the County of Durham, for life by Letters Patent dated in the afternoon of 16th June 2005, was introduced between the Lord Burlison and the Lord Sawyer, 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.Oath—William Bishop of Truro took and subscribed the oath pursuant to statute.

Judicial Business

4.Secretary of State for Work and Pensions (Appellant) v. M (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
5.Appeal Committee—The 12th Report from the Appeal Committee was agreed to and the following Order was made—

Birmingham City Council (Respondents) v. Doherty (FC) (Petitioner) and others—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.

6.Appeal Committee—The 13th Report from the Appeal Committee was agreed to and the following Orders were made—

Madden (Petitioner) v. Preferred Technical Group CHA Limited and another (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Kay and others and another (FC) (Petitioners) v. London Borough of Lambeth and others (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 6th July.

Clare (FC) (Petitioner) v. Perry (trading as Widemouth Manor Hotel) (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.

NCR Limited (Petitioners) v. Riverland Portfolio No. 1 Limited (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

7.Appeal Committee—The 14th Report from the Appeal Committee was agreed to and the following Order was made—

O (FC) (Appellant) v. Crown Court at Harrow (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice)—That the petition of the Secretary of State for the Home Department that he might be heard or otherwise intervene in the said appeal be allowed.

Papers

8.Instrument withdrawn—The following instrument, laid before the House on 21st June 2005, was withdrawn:

Revised Funding Code prepared by the Legal Services Commission.

9.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Debt—Exchange of Notes between the United Kingdom and Yugoslavia concerning Certain Commercial Debts;
 (6589)
2.Departmental Performance—Review of the State Pathologist’s Department in Northern Ireland, June 2005.
 (—)

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10.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Civil Partnership (Amendments to Registration Provisions) Order 2005, laid under the Civil Partnership Act 2004, together with an Explanatory Memorandum;
2. (i)Draft Financial Assistance Scheme Regulations 2005, together with an Explanatory Memorandum—
(ii)Draft Financial Assistance Scheme (Internal Review) Regulations 2005, together with an Explanatory Memorandum—
 laid under the Pensions Act 2004.
11.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Electricity and Gas Appeals (Designation and Exclusion) Order 2005, laid under the Energy Act 2004;
 (1646)
2.Legal Aid in Criminal Proceedings (Costs) (Amendment No. 2) Rules (Northern Ireland) 2005, laid under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
 (—)

Private Business

12.Liverpool City Council (Prohibition of Smoking in Places of Work) Bill [HL]—
13.London Local Authorities (Prohibition of Smoking in Places of Work) Bill [HL]—

A message was brought from the Commons that they concur with the resolutions of this House of 19th May.

Public Business

14.Budget (No. 2) (Northern Ireland) Order 2005—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the draft Order be referred to a Grand Committee; the motion was agreed to.
15.Traffic Management (Northern Ireland) Order 2005—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the draft Order be referred to a Grand Committee; the motion was agreed to.
16.Commissioner for Older People (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting that it be an instruction to the Grand Committee to which the Commissioner for Older People (Wales) Bill [HL] has been committed that they consider the bill in the following order:
Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 6
Schedule 3
Clauses 7 to 23;

the motion was agreed to.

17.Equality Bill [HL]—It was moved by the Lord Falconer of Thoroton that it be an instruction to the Committee of the Whole House to which the Equality Bill [HL] has been committed that they consider the bill in the following order:
Clauses 1 and 2
Schedule 1
Clauses 3 to 33
Schedule 2
Clauses 34 to 42
Schedule 3
Clauses 43 to 89
Schedule 4
Clauses 90 to 93;

the motion was agreed to.

18.Fraud Bill [HL]—It was moved by the Lord Goldsmith that the bill be now read a second time; after debate, the motion was agreed to.
19.Intellectual property rights—The Baroness Buscombe asked Her Majesty’s Government what steps they are taking to protect intellectual property rights for the creative industries; after debate, the question was answered by the Lord McKenzie of Luton.
20.Street children in Latin America—The Lord Alton of Liverpool asked Her Majesty’s Government what representations they are making to the governments of Latin American countries about the plight of street children; after debate, the question was answered by the Lord Triesman.

The House was adjourned at twenty-seven minutes before eight o’clock
till tomorrow, eleven 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 Counsellor Alan Thomas Howarth Commander of Our Most Excellent Order of the British Empire to the state degree style dignity title and honour of Baron Howarth of Newport of Newport in Our County of Gwent

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 Howarth of Newport 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 forenoon of the fifteenth 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 Derek Foster to the state degree style dignity title and honour of Baron Foster of Bishop Auckland of Bishop Auckland in Our County of Durham

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 Foster of Bishop Auckland 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 sixteenth day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL