House of Lords Journal 239 (Session 2005-06)


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Page 170

2005-06

Volume 239

Thursday 14th July 2005

The House met at a quarter before ten 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.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Ballyedmond, L.
Barker, B.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Birt, L.
Bledisloe, V.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Boyce, L.
Brabazon of Tara, L.
Bradshaw, L.
Bramall, 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.
Brown of Eaton-under-
Heywood, L.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carrington, L.
Carter, L.
Carter of Coles, L.
Chan, L.
Chapman, B.
Chidgey, L.
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Cooke of Thorndon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Currie of Marylebone, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, 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.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Dykes, L.
Eames, L.
Eatwell, L.
Elder, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Fforestfach, L.
Grocott, L.
Guthrie of Craigiebank, L.
Hale of Richmond, B.
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.
Hayman, B.
Henig, B.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe of Aberavon, L.
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.

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Janner of Braunstone, L.
Jay of Paddington, B.
Joffe, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kennedy of The Shaws, B.
Kilclooney, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laird, L.
Laming, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
Macaulay of Bragar, L.
McCluskey, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mallalieu, B.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
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.
Montagu of Beaulieu, L.
Montrose, D.
Moonie, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Nicol, B.
Noakes, B.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
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.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Quirk, 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.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, 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.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Seccombe, B.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
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.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, 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.
Temple-Morris, L.
Tenby, V.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.

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Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williamson of Horton, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Newcastle.

Judicial Business

1.Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Kehoe (FC) (Appellant)—The cause was considered; it was ordered and adjudged that the Order of the Court of Appeal of 5th March 2004 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 48

The House was adjourned during pleasure.

The House was resumed.

Papers

2.Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1.Social Security—Report by the Industrial Injuries Advisory Council in accordance with section 171 of the Social Security Administration Act 1992 reviewing the prescription of the asbestos-related diseases;
 (6553)
2.Departmental Performance—
(i)Report for 2004–05 of the Statistics Commission;(6570)
(ii)Report for 2004–05 of the Office for National Statistics.(6632)
3.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Motor Cars (Driving Instruction) Regulations 2005, laid under the Road Traffic Act 1988;
 (1902)
2.Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2005, laid under the Merchant Shipping Act 1995.
 (1916)
4.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 2003–04 of British Shipbuilders, laid under the Aircraft and Shipbuilding Industries Act 1977;
2.Report for 2004–05 of Her Majesty’s Crown Prosecution Service Inspectorate, laid under the Crown Prosecution Service Inspectorate Act 2000;
3.Report and Accounts for 2004–05 of VisitBritain, laid under the Development of Tourism Act 1969;
4.Report and Accounts for 2004–05 of the Gaming Board for Great Britain, laid under the Gaming Act 1968;
5.Report and Accounts for 2004–05 of the Defence Aviation Repair Agency, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
6.Report and Accounts for 2004–05 of the Office of the Immigration Services Commissioner, together with the Report of the Comptroller and Auditor General, laid under the Immigration and Asylum Act 1999;
7.Report for 2004–05 of the Life Sentence Review Commissioners, laid under the Life Sentences (Northern Ireland) Order 2001;
8.Report and Accounts for 2004–05 of the Royal Botanic Gardens Kew, together with the Report of the Comptroller and Auditor General, laid under the National Heritage Act 1983;
9. (i)Report and Accounts for 2003–04 of Invest Northern Ireland—
(ii)Report and Accounts for 2004–05 of the Business Development Service—
(iii)Report and Accounts for 2004–05 of the Forest Service—
(iv)Report and Accounts for 2004–05 of the General Consumer Council for Northern Ireland—
(v)Report and Accounts for 2004–05 of the Land Registers of Northern Ireland—
(vi)Report and Accounts for 2004–05 of the Northern Ireland Child Support Agency—
(vii)Report and Accounts for 2004–05 of the Northern Ireland Housing Executive—
(viii)Report and Accounts for 2004–05 of Ordnance Survey of Northern Ireland—

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(ix)Report and Accounts for 2004–05 of the Planning Service—
(x)Report and Accounts for 2004–05 of the Public Record Office of Northern Ireland—
(xi)Report and Accounts for 2004–05 of the Rate Collection Agency—
(xii)Report and Accounts for 2004–05 of the Rivers Agency—
(xiii)Report and Accounts for 2004–05 of the Water Service—
 laid under the Northern Ireland Act 2000;
10.Report for 2004–05 of the Sentence Review Commissioners, laid under the Northern Ireland (Sentences) Act 1998;
11.Report and Accounts for 2004–05 of the Occupational Pensions Regulatory Authority, together with the Report of the Comptroller and Auditor General, laid under the Pensions Act 1995;
12.Report and Accounts for 2004–05 of the Police Ombudsman for Northern Ireland, laid under the Police (Northern Ireland) Act 1998;
13.Report and Accounts for 2004–05 of the Postal Services Commission, laid under the Postal Services Act 2000;
14. (i)Report and Accounts for 2004–05 of the Biotechnology and Biological Sciences Research Council, together with the Report of the Comptroller and Auditor General—
(ii)Report and Accounts for 2004–05 of the Economic and Social Research Council—
 laid under the Science and Technology Act 1965.

Public Business

5.Business of the House—It was moved by the Lord President (Baroness Amos) that the debates on the motions in the names of the Lord Campbell of Alloway and the Lord Baker of Dorking set down for today shall each be limited to 3 hours and that the debate on the motion in the name of the Lord Bowness also set down for today shall be limited to 1½ hours; the motion was agreed to.
6.Armed forces: chain of command (3-hour debate)—It was moved by the Lord Campbell of Alloway that there be laid before the House papers relating to the case for upholding the integrity and legal authority of the armed forces chain of command; a debate arose thereon.
7.Victims of bombs in London—The House, standing, observed two minutes’ silence in memory of the victims of the bombs in London on 7th July.
8.Armed forces: chain of command—The debate was resumed; after further debate, the motion was (by leave of the House) withdrawn.
9.Special schools (3-hour debate)—It was moved by the Lord Baker of Dorking that there be laid before the House papers relating to the case for special schools in meeting special educational needs; after debate, the motion was (by leave of the House) withdrawn.
10.Companies Act 1989 (Delegation) Order 2005—The Grand Committee reported that it had considered the draft Order.
11.Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.
12.National Minimum Wage Regulations 1999 (Amendment) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.
13.Serious Organised Crime and Police Act (Designated Area) Order 2005—The Grand Committee reported that it had considered the draft Order.
14.Community Legal Service (Scope) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.
15.Community Legal Service (Cost Protection) (Amendment) Regulations 2005—The Grand Committee reported that it had considered the draft Regulations.
16.Revised Funding Code prepared by the Legal Services Commission—The Grand Committee reported that it had considered the Revised Funding Code.
17.Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005—The Grand Committee reported that it had considered the draft Order.
18.Weapons of Mass Destruction (EUC Report) (1½-hour debate)—It was moved by the Lord Bowness that this House takes note of the Report of the European Union Committee on Preventing Proliferation of Weapons of Mass Destruction: The EU Contribution (13th Report, Session 2004–05, HL Paper 96); after debate, the motion was agreed to.

The House was adjourned at five minutes past seven o’clock
to Monday next, half-past two o’clock.

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APPENDIX

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at two o’clock.

Companies Act 1989 (Delegation) Order 2005—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Companies Act 1989 (Delegation) Order 2005; after debate, the motion was agreed to.
Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005; after debate, the motion was agreed to.
National Minimum Wage Regulations 1999 (Amendment) Regulations 2005—It was moved by the Lord McKenzie of Luton that the Grand Committee do consider the draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2005; after debate, the motion was agreed to.
Serious Organised Crime and Police Act (Designated Area) Order 2005—It was moved by the Lord Dholakia that the Grand Committee do consider the draft Serious Organised Crime and Police Act (Designated Area) Order 2005; after debate, the motion was agreed to.
Community Legal Service (Scope) Regulations 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Community Legal Service (Scope) Regulations 2005; after debate, the motion was agreed to.
Community Legal Service (Cost Protection) (Amendment) Regulations 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Community Legal Service (Cost Protection) (Amendment) Regulations 2005; the motion was agreed to.
Revised Funding Code prepared by the Legal Services Commission—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the Revised Funding Code prepared by the Legal Services Commission; the motion was agreed to.
Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005—It was moved by the Lord Evans of Temple Guiting that the Grand Committee do consider the draft Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005; after debate, the motion was agreed to.

The Committee was adjourned at fourteen minutes before five o’clock.