House of Lords Journal 239 (Session 2005-06)


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Monday 11th July 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.
Alli, L.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackstone, B.
Blaker, L.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, 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.
Burns, L.
Buscombe, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carey of Clifton, L.
Carnegy of Lour, B.
Carter, L.
Carter of Coles, L.
Chan, L.
Chandos, V.
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.
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.
Currie of Marylebone, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Eames, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Exeter, Bp.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gavron, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grantchester, L.
Greengross, B.
Greenway, L.
Gregson, L.
Griffiths of Burry Port, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, 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.

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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.
Home, E.
Hooper, B.
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.
Hurd of Westwell, L.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kalms, L.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laird, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leicester, Bp.
Lester of Herne Hill, L.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
London, Bp.
Lucas, L.
Luke, L.
Lyell, L.
McCluskey, 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.
Maclennan of Rogart, L.
Maddock, B.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mawhinney, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northesk, E.
Northover, B.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Palmer, L.
Park of Monmouth, B.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pitkeathley, B.
Plant of Highfield, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Prys-Davies, 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-Mogg, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sewel, 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.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Temple-Morris, L.
Tenby, V.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Triesman, L.
Trumpington, B.
Truscott, L.

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Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Warner, L.
Warnock, B.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williamson of Horton, L.
Windlesham, L.
Wright of Richmond, L.
Young of Norwood Green, L.


PRAYERS were read by the Lord Bishop of Newcastle.

Judicial Business

1.Infiniteland Limited and another (Petitioners) v. Artisan Contracting Limited and others (Respondents)—The petition of Infiniteland Limited and John Stewart Aviss praying for leave to appeal was presented and referred to an Appeal Committee.
2.Jones (Respondent) v. Whalley (Petitioner)—The petition of Stephen Whalley praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
3.Rakem (Petitioner) v. Embaby (Respondent)—The petition of Ahmed Ali Mohamed Rakem praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.
4.A and others (Appellants) v. Secretary of State for the Home Department (Respondent) (2004)—The petition of the Commonwealth Lawyers Association, the Human Rights Institute of the International Bar Association and the International Commission of Jurists praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
5.Appeal Committee—The 18th Report from the Appeal Committee was agreed to and the following Order was made—

Government of Albania (Petitioners) v. Bleta and others (Respondents)—That leave to appeal be refused; that the first respondent be at liberty to apply for his costs in accordance with direction 6.1(e); 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

6.Instrument withdrawn—The following instrument, laid before the House on 4th April, was withdrawn on 27th June:

Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2005.

7.Command Papers—The following papers, having been presented to the House by command of Her Majesty on the dates shown, were ordered to lie on the Table:
1.Environment—Government response to the 4th Report of the House of Commons Environment, Food and Rural Affairs Committee, Session 2004–05, on Waste policy and the Landfill Directive; (11th July)
 (6618)
2.Air Services—Protocol on the Accession of the European Community to the Eurocontrol International Convention Relating to Co-operation for the Safety of Air Navigation of 13th December 1960, as variously amended and as consolidated by the Protocol of 27th June 1997; (8th July)
 (6622)
3.Contingent Liability—Departmental minute from the Department for Transport in respect of certain changes to the contingent liabilities arising from Government support for Network Rail borrowing. (11th July)
 (—)
8.Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 8th July, were ordered to lie on the Table:
1. (i)School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005—(1730)
(ii)Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005—(1731)
 laid under the School Standards and Framework Act 1998;
2.Social Security (Students and Income-related Benefits) Amendment Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992;
 (1807)

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3.Motor Vehicles (Tests) (Amendment) Regulations 2005, laid under the Road Traffic Act 1988.
 (1832)
9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Coventry City Council and the North West Federation of Schools (International General Certificate of Secondary Education) Order 2005, laid under the Education Act 2002;
 (1739)
2.Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment) Regulations 2005, laid under the Teaching and Higher Education Act 1998;
 (1740)
3.Education (Leeds College of Music) (Transfer to the Higher Education Sector) Order 2005, laid under the Education Reform Act 1988;
 (1792)
4.Education (School Organisation Proposals) (England) (Amendment) Regulations 2005, laid under the School Standards and Framework Act 1998;
 (1801)
5. (i)Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2005—(1865)
(ii)Employment Appeal Tribunal (Amendment) Rules 2005—(1871)
 laid under the Employment Tribunals Act 1996.
10.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report and Accounts for 2000 of the North/South Language Body, laid under the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999;
2. (i)Report and Accounts for 2004–05 of the Livestock and Meat Commission for Northern Ireland—
(ii)Report and Accounts for 2003–04 of the Northern Ireland Tourist Board—
(iii)Report and Accounts for the six months ended 31st March 2004 of the Northern Ireland Commissioner for Children and Young People—
(iv)Report and Accounts for 2004–05 of the Northern Ireland Health and Social Services Estates Agency—
 laid under the Northern Ireland Act 2000;
3.Accounts for 1st April 2004 to 30th November 2004 of the Hastings and St Leonards Education Action Zone, together with the Report of the Comptroller and Auditor General, laid under the School Standards and Framework Act 1998;
4.Accounts for 2004–05 of the Coal Authority, together with the Report of the Comptroller and Auditor General, laid under the Coal Industry Act 1994;
5.Accounts for 2004–05 of the Human Fertilisation and Embryology Authority, together with the Report of the Comptroller and Auditor General, laid under the Human Fertilisation and Embryology Act 1990;
6.Report and Accounts for 2004–05 of the Land Registry, laid under the Government Trading Funds Act 1973;
7.Report and Accounts for 2004–05 of OGCbuying.solutions, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
8.Report for 2004–05 of the Legal Services Complaints Commissioner, laid under the Access to Justice Act 1999;
9.Report for 2004–05 of the Legal Services Ombudsman for England and Wales, laid under the Courts and Legal Services Act 1990.

Public Business

11.Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with on Tuesday 19th July next to allow the Consolidated Fund (Appropriation) Bill and the Finance Bill to be taken through their remaining stages that day; the motion was agreed to.
12.Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that leave be given for the five motions set down for today referring instruments to a Grand Committee to be moved en bloc; the motion was agreed to.
13.Community Legal Service (Cost Protection) (Amendment) Regulations 2005—
14.Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005—

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15.Companies Act 1989 (Delegation) Order 2005—
16.National Minimum Wage Regulations 1999 (Amendment) Regulations 2005—
17.Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2005—

It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the instruments be referred to a Grand Committee en bloc; the motion was agreed to.

18.Army, Air Force and Naval Discipline Acts (Continuation) Order 2005—It was moved by the Baroness Crawley that the draft Order laid before the House on 4th April be approved; the motion was agreed to.
19.International Tribunal for the Law of the Sea (Immunities and Privileges) Order 2005—It was moved by the Baroness Royall of Blaisdon that the draft Order laid before the House on 30th June be approved; the motion was agreed to.
20.Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005—
21.Local Elections (Northern Ireland) (Amendment) Order 2005—
22.Northern Ireland Act 2000 (Modification) (No. 2) Order 2005—

It was moved by the Lord Rooker that the draft Orders laid before the House on 25th May and 16th and 23rd June be approved en bloc; the motion was agreed to.

23.Age-Related Payments Regulations 2005—
24.Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005—
25.Pension Protection Fund (PPF Ombudsman) Amendment Order 2005—
26.Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005—
27.Financial Assistance Scheme Regulations 2005—
28.Financial Assistance Scheme (Internal Review) Regulations 2005—
29.Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005—
30.Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005—

It was moved by the Lord Hunt of Kings Heath that the draft Orders and Regulations laid before the House on 15th, 22nd, 23rd and 29th June be approved en bloc; the motion was agreed to.

31.Civil Partnership (Amendments to Registration Provisions) Order 2005—It was moved by the Lord McKenzie of Luton that the draft Order laid before the House on 22nd June be approved; the motion was agreed to.
32.Equality Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed for two statements; the House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
33.Merchant Shipping (Pollution) Bill [HL]—The bill was reported from the Grand Committee with amendments; it was ordered that the bill be printed as amended. (HL Bill 14)
34.National Health Service: specialised services—The Earl Howe asked Her Majesty’s Government how current developments in health policy are affecting the commissioning of specialised health services; after debate, the question was answered by the Lord Warner.

The House was adjourned during pleasure.

The House was resumed.

35.Equality Bill [HL]—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; the House was resumed after clause 43 stood part.

The House was adjourned at eighteen minutes past nine o’clock
till tomorrow, half-past two o’clock.

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APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at half-past three o’clock.

Merchant Shipping (Pollution) Bill [HL]—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; amendments were agreed to; it was ordered that the bill be reported with amendments.

The Committee was adjourned at twenty-six minutes past four o’clock.