House of Lords Journal 239 (Session 2005-06)


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Page 113

2005-06

Volume 239

Wednesday 29th 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.
Allen of Abbeydale, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Armstrong of Ilminster, L.
Ashcroft, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Ballyedmond, 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.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Broers, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter, L.
Chan, L.
Chapman, B.
Chidgey, L.
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.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, 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.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dundee, E.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elis-Thomas, 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.
Filkin, L.
Finlay of Llandaff, B.
Fitt, L.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Gray of Contin, L.
Greaves, L.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of High Cross, L.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.

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Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jellicoe, E.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkwood of Kirkhope, L.
Laidlaw, L.
Laing of Dunphail, L.
Laming, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lockwood, B.
Ludford, B.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, 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.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Maxton, 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 of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Nicol, B.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Onslow, E.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
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.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rana, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rotherwick, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Saatchi, L.
St. Edmundsbury and Ipswich, Bp.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Seccombe, B.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
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.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Tebbit, L.
Tenby, V.
Thatcher, B.
Thomas of Swynnerton, L.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tordoff, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.

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Wade of Chorlton, L.
Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walpole, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Young of Norwood Green, L.


PRAYERS were read by the Lord Bishop of St Edmundsbury and Ipswich.

1.Lord Jones of Cheltenham—Nigel David Jones Esquire, having been created Baron Jones of Cheltenham, of Cheltenham in the County of Gloucestershire, for life by Letters Patent dated in the forenoon of 20th June 2005, was introduced between the Lord Russell-Johnston and the Lord Rennard, 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 Shephard of Northwold—The Right Honourable Gillian Patricia Shephard, having been created Baroness Shephard of Northwold, of Northwold in the County of Norfolk, for life by Letters Patent dated in the forenoon of 21st June 2005, was introduced between the Lord Saatchi and the Lord Baker of Dorking, 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).

Judicial Business

3.Kashmiri (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of Ali Kashmiri praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
4.Alford (Respondent) v. Department for the Environment, Food and Rural Affairs (Petitioner)—The petition of the Secretary of State for the Environment, Food and Rural Affairs praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
5.Secretary of State for the Home Department (Respondent) v. K (Appellant)—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 27th July or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

Papers

6.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Finance—
(i)Treasury Minutes on the Twelfth, Fourteenth and Sixteenth to Eighteenth Reports from the Committee of Public Accounts, Session 2004–05;(6579)
(ii)Departmental Minute from HM Treasury concerning the write off of British Shipbuilders Public Dividend Capital of £21m;(—)
2.Treaty Series—Index to Treaty Series 2004;
 (6608)
3.Nuclear Energy—
(i)Framework Agreement for International Collaboration on Research and Development of Generation IV Nuclear Energy Systems;(6613)
(ii)Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation;(6615)
4.Commercial Debts—Exchange of Notes between the United Kingdom and Ecuador concerning Certain Commercial Debts.
 (6614)
7.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 (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005, together with an Explanatory Memorandum, laid under the Civil Partnership Act 2004;
2. (i)Draft Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005, together with an Explanatory Memorandum—

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(ii)Draft Pension Protection Fund (PPF Ombudsman) Amendment Order 2005, together with an Explanatory Memorandum—
(iii)Draft Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005, together with an Explanatory Memorandum—
 laid under the Pensions Act 2004.
8.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
(i)Energy Information (Household Air Conditioners) (No. 2) Regulations 2005—(1726)
(ii)Waste Management Licensing (England and Wales) (Amendment and Related Provisions) (No. 3) Regulations 2005—(1728)
laid under the European Communities Act 1972.
9.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Financial Statements for 2004–05 of the Duchy of Cornwall, laid under the Duchy of Cornwall Management Act 1863;
2.Report and Accounts for 2004–05 of the Financial Services Authority, laid under the Financial Services and Markets Act 2000;
3.Report and Accounts for 2003–04 of the Health and Safety Executive for Northern Ireland, laid under the Northern Ireland Act 2000;
4.Accounts for 2000–03 of the Northern Ireland Human Rights Commission, together with the Report of the Comptroller and Auditor General, laid under the Northern Ireland Act 1998;
5.Accounts for 1st April 2004 to 9th January 2005 of the Wakefield Education Action Zone, together with the Report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998.
10.Instrument coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instrument had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:

Rules of the Supreme Court (Northern Ireland) (Amendment No. 4) 2005.

Select Committee Report

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

2nd Report, on the following bills:

Commissioner for Older People (Wales) Bill [HL];

Children and Adoption Bill [HL]. (HL Paper 17)

Public Business

12.Statutory Instruments—A message was bought from the Commons that they have ordered that the Committee appointed by them on Statutory Instruments do meet with the Committee appointed by this House on Tuesday 5th July at a quarter-past four o’clock; it was ordered that the Committee of this House do meet with the Commons Committee at the time proposed by the Commons; and a message was ordered to be sent to the Commons to acquaint them therewith.
13.Procedure of the House—It was moved by the Chairman of Committees that the Lord Elton and the Lord Shaw of Northstead be appointed members of the Select Committee; the motion was agreed to.
14.Parliamentary Office of Science and Technology (POST)—It was moved by the Chairman of Committees that, as proposed by the Committee of Selection, the following Lords be appointed to serve as members of the Board of the Parliamentary Office of Science and Technology (POST):
L. Broers
B. Greenfield
L. Oxburgh
L. Winston;

the motion was agreed to.

15.Colleges of Education (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.

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16.Children and Adoption Bill [HL]—It was moved by the Lord Adonis 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.
17.Terrorism—The Lord Judd asked Her Majesty’s Government what progress they are making, together with other governments in the G8 and the European Union, in the cause of defeating global terrorism; after debate, the question was answered by the Lord Triesman.

The House was adjourned at five minutes before seven 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 right trusty and well beloved Nigel David Jones Esquire to the state degree style dignity title and honour of Baron Jones of Cheltenham of Cheltenham in Our County of Gloucestershire

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 Jones of Cheltenham 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 twentieth 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 Gillian Patricia Shephard to the state degree style dignity title and honour of Baroness Shephard of Northwold of Northwold in Our County of Norfolk

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 Shephard of Northwold 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 forenoon of the twenty-first day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL