House of Lords Journal 239 (Session 2005-06)


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Page 153

2005-06

Volume 239      

Wednesday 13th 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.
Alderdice, L.
Allenby of Megiddo, V.
Alli, L.
Alton of Liverpool, L.
Ampthill, L.
Anelay of St Johns, B.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bernstein of Craigweil, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bilston, L.
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.
Bragg, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookeborough, V.
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.
Carey of Clifton, L.
Carnegy of Lour, B.
Carr of Hadley, L.
Carrington, L.
Carter, L.
Carter of Coles, L.
Chan, L.
Chandos, V.
Chapman, B.
Chidgey, L.
Chorley, L.
Christopher, L.
Clark of Calton, B.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Courtown, E.
Cox, B.
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.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eames, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, 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.
Foulkes of Cumnock, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grenfell, 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 Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Healey, L.
Henley, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Howard of Rising, L.
Howarth of Newport, L.

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Howe, E.
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.
Hurd of Westwell, L.
Hylton, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, 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.
Layard, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lockwood, B.
Lucas, L.
Luke, L.
Lyell, L.
Macaulay of Bragar, L.
McCluskey, L.
McColl of Dulwich, L.
McDonagh, B.
MacGregor of Pulham Market, L.
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.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Marshall of Knightsbridge, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
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.
Nicol, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Oppenheim-Barnes, B.
Ouseley, L.
Palmer, L.
Park of Monmouth, B.
Patel, 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.
Powell of Bayswater, L.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Richardson of Calow, B.
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.
Rotherwick, L.
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.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Seccombe, B.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, 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.
Taylor of Warwick, L.
Temple-Morris, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
Tunnicliffe, L.
Turnberg, L.

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Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Watson of Richmond, L.
Waverley, V.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williamson of Horton, L.
Wilson of Dinton, L.
Wilson of Tillyorn, L.
Windlesham, L.
Woolmer of Leeds, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Newcastle.

1.Baroness Clark of Calton—Lynda Margaret Clark, QC, having been created Baroness Clark of Calton, of Calton in the City of Edinburgh, for life by Letters Patent dated in the afternoon of 21st June 2005, was introduced between the Lord Irvine of Lairg and the Baroness Scotland of Asthal, 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 Soley—Clive Stafford Soley Esquire, having been created Baron Soley, of Hammersmith in the London Borough of Hammersmith and Fulham, for life by Letters Patent dated in the forenoon of 29th June 2005, was introduced between the Lord Dubs and the Baroness Symons of Vernham Dean, 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.Lord King of Wartnaby—The Lord Chancellor acquainted the House that Lord King of Wartnaby, a member of the House, had died on 12th July 2005.
4.Oath—Leonard Robert Lord Carr of Hadley took and subscribed the oath pursuant to statute.

Judicial Business

5.Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Appellant) and another (England)— The appeal of Nezar Hindawi was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.
6.Jameel and others (Respondents) v. Wall Street Journal Europe Sprl (Appellants)— 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 20th July (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
7.MH (by her litigation friend, Official Solicitor) (FC) (Respondent) v. Secretary of State for the Department of Health (Appellant) and others—The respondent’s certificate of public funding was lodged.

Papers

8.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Departmental Performance—Departmental Report for 2005 of UK Trade and Investment;
 (6535)
2.Finance—Treasury Minute on the Twenty-Fifth Report from the Committee of Public Accounts, Session 2003–04;
 (6578)
3.Mental Health Bill—Government response to the Report of the Joint Committee on the draft Mental Health Bill, Session 2004–05;
 (6624)
4.Communications—Departmental Minute dated 13th July concerning the gifting of equipment to the Palestinian authority.
 (—)
9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Local Government Pension Scheme (Amendment) Regulations 2005, laid under the Superannuation Act 1972;
 (1903)
2.Passenger and Goods Vehicles (Recording Equipment) Regulations 2005, laid under the European Communities Act 1972;
 (1904)
3.Drought Plan Regulations 2005, laid under the Water Industry Act 1991.
 (1905)

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10.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. (i)Report for 2004 of the S4C Authority—
(ii)Accounts for 2004 of the S4C Authority—
 laid under the Broadcasting Act 1990;
2.Report for 2004–05 of the Certification Officer, laid under the Trade Union and Labour Relations (Consolidation) Act 1992;
3.Report and Accounts for 2004–05 of the Engineering and Physical Sciences Research Council, laid under the Science and Technology Act 1965;
4.Accounts for 1st April 2004 to 16th April 2005 of the following Education Action Zones, together with the Reports of the Comptroller and Auditor General—
(i)South East Sheffield—
(ii)Westminster—
 laid under the School Standards and Framework Act 1998;
5. (i)Amendment List 16 to Air Publication 1269 (the Royal Air Force Manual of Medical Management and Administration—8th Edition)—
(ii)Amendment List 28 to Air Publication 1269A (the Royal Air Force Manual of Assessment of Medical Fitness—3rd Edition)—
 laid under the Air Force (Constitution) Act 1917.

Select Committee Report

11.Liaison Committee—The First Report from the Select Committee was made and ordered to be printed (see Appendix 3). (HL Paper 29)

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 Committee stage of the Borough Freedom (Family Succession) Bill [HL] from Wednesday 20th July to Tuesday 19th July; the motion was agreed to.
13.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 three motions set down for today referring instruments to a Grand Committee to be moved en bloc; the motion was agreed to.
14.Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005—
15.Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005—
16.Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005—

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

17.Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the following Unstarred Question be referred to a Grand Committee—

The Viscount Astor—To ask Her Majesty’s Government what steps they will take to promote the art market in light of the proposed implementation of the European Union Directive on the resale right for the benefit of the author of an original work of art;

the motion was agreed to.

18.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 60 stood part.
19.Human Rights—A message was brought from the Commons that they have ordered that six members be members of the Committee appointed to join with a Committee of this House as the Joint Committee on Human Rights, and propose that the Committee do meet with the Committee appointed by this House on Tuesday 19th July at four o’clock in Committee Room 5.
20.Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 14th June be approved; after debate, the motion was agreed to.
21.Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005—It was moved by the Lord Bach that the draft Regulations laid before the House on 8th June be approved; after debate, the motion was agreed to.

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22.Water Supply Licence (Modification of Standard Conditions) Order 2005—It was moved by the Lord Bach that the draft Order laid before the House on 8th June be approved; the motion was agreed to.

The House was adjourned during pleasure.

The House was resumed.

23.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 and the bill was reported with amendments; it was ordered that the bill be printed as amended. (HL Bill 17)

The House was adjourned at three 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 right trusty and well beloved Lynda Margaret Clark one of Our Counsel learned in the Law to the state degree style dignity title and honour of Baroness Clark of Calton of Calton in Our City of Edinburgh

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 Clark of Calton 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 afternoon of the twenty-first 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 Clive Stafford Soley Esquire to the state degree style dignity title and honour of Baron Soley of Hammersmith in Our London Borough of Hammersmith and Fulham

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 Soley 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 twenty-ninth day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL

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APPENDIX 3


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