House of Lords Journal 239 (Session 2005-06)


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Monday 18th 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.
Adams of Craigielea, B.
Addington, L.
Allenby of Megiddo, V.
Alli, L.
Amos, B.
Ampthill, L.
Anelay of St Johns, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor, V.
Astor of Hever, L.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Biffen, L.
Bilston, L.
Blaker, L.
Bledisloe, V.
Blood, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bridgeman, V.
Brooke of Sutton Mandeville, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burns, L.
Buscombe, B.
Butler of Brockwell, L.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter, L.
Carter of Coles, L.
Chidgey, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cockfield, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Dahrendorf, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.

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De Mauley, L.
Dearing, L.
Denham, L.
Dholakia, L.
Dixon-Smith, L.
Donaldson of Lymington, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Eden of Winton, L.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fearn, L.
Fookes, B.
Foster of Bishop Auckland, L.
Fraser of Carmyllie, L.
Fyfe of Fairfield, L.
Garden, L.
Gardner of Parkes, B.
Gibson of Market Rasen, B.
Glasgow, E.
Glentoran, L.
Golding, B.
Goodhart, L.
Goudie, B.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Griffiths of Burry Port, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hannay of Chiswick, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Higgins, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Howard of Rising, L.
Howarth of Newport, L.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Inglewood, L.
Irvine of Lairg, L.
Jay of Paddington, B.
Jones, L.
Jones of Cheltenham, L.
Kimball, L.
King of West Bromwich, L.
Kingsland, L.
Kirkwood of Kirkhope, L.
Laming, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Lindsay, E.
Lipsey, L.
Listowel, E.
Ludford, B.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
McFarlane of Llandaff, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
McKenzie of Luton, L.
McNally, L.
Mar, C.
Mar and Kellie, E.
Marsh, L.
Masham of Ilton, B.
Mason of Barnsley, L.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montrose, D.
Morgan of Drefelin, B.
Morris of Bolton, B.
Moser, L.
Mowbray and Stourton, L.
Murton of Lindisfarne, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Nolan, L.
Northesk, E.
Northover, B.
O’Cathain, B.
Oppenheim-Barnes, B.
Patel of Blackburn, L.
Perry of Southwark, B.
Peston, L.
Phillips of Sudbury, L.
Plant of Highfield, L.
Platt of Writtle, B.
Prosser, B.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Redesdale, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rooker, L.
Roper, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sewel, L.
Sharples, B.
Sheldon, L.
Shephard of Northwold, B.
Shutt of Greetland, L.
Simon, V.
Slim, V.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Steinberg, L.
Stern, B.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thatcher, B.
Thomas of Walliswood, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trenchard, V.
Triesman, L.
Truscott, L.
Tunnicliffe, L.
Turner of Camden, B.
Tyler, L.
Ullswater, V.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Crosby, B.
Williamson of Horton, L.
Worcester, Bp.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Worcester.

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1.Lord Smith of Finsbury—The Right Honourable Christopher Robert Smith, having been created Baron Smith of Finsbury, of Finsbury in the London Borough of Islington, for life by Letters Patent dated in the afternoon of 22nd June 2005, was introduced between the Baroness Smith of Gilmorehill and the Lord Puttnam, 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 Adams of Craigielea—Katherine Patricia Irene Adams, having been created Baroness Adams of Craigielea, of Craigielea in Renfrewshire, for life by Letters Patent dated in the afternoon of 28th June 2005, was introduced between the Lord Hogg of Cumbernauld and the Baroness Golding, 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—Michael Patrick Lord Nolan took and subscribed the oath pursuant to statute.
4.Lord Carlisle of Bucklow—The Lord Chancellor acquainted the House that Lord Carlisle of Bucklow, a member of the House, had died on 14th July 2005.

Judicial Business

5.Weston (Petitioner) v. Garnett (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of Michael Weston praying for leave to appeal was presented and referred to an Appeal Committee.
6.Lonsdale (Petitioner) v. Braisby (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of Marion Lonsdale praying for leave to appeal was presented and referred to an Appeal Committee.
7.Botham (Appellant) v. Ministry of Defence (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
8.Leeds City Council (Respondents) v. Price and others and others (FC) (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 29th August or to the third sitting day after the next ensuing meeting of the House (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
9.Beggs (Respondent) v. Scottish Ministers (Appellants) (Scotland)—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 1st September 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.
10.R (on the application of Clift) (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—
11.Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Appellant) and another—
12.Secretary of State for the Home Department (Respondent) v. Hindawi and another (FC) (Appellant)—

The petition of the appellants praying that the appeals be conjoined; that the appellants be allowed to lodge one appendix in respect of the three appeals; that the appellant Clift be allowed to lodge one statement and one case; that the appellants Hindawi and Headley be allowed to lodge one statement and one case in respect of their appeals; that the respondent be allowed to lodge two separate cases in the appeals of Clift and of Hindawi and Headley respectively and that the appellants and respondent be jointly represented by leading counsel in respect of all three appeals but separately represented by junior counsel in the appeal of Clift (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.

13.Appeal Committee—The 21st Report from the Appeal Committee was agreed to and the following Orders were made—

Freakley and others (Petitioners) v. Centre Reinsurance International Company and others (Respondents) and one other action—That leave to appeal be given; and that the petition of appeal be lodged by 1st August.

AMEC Civil Engineering Limited (Petitioners) v. Secretary of State for Transport (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.

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14.Appeal Committee—The 22nd Report from the Appeal Committee was agreed to and the following Orders were made—

Teleos plc (Petitioners) v. Her Majesty’s Commissioners of Customs and Excise (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.

Sherrington and others (Petitioners) v. Sherrington (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

Sritharan (Petitioner) v. Law Society (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.

Papers

15.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.Prisons—Report for 2004–05 of the Prisons and Probation Ombudsman for England and Wales; (18th July)
 (6612)
2.Education—Youth Matters; (18th July)
 (6629)
3.Public Administration—Government response to the 4th Report of the Public Administration Select Committee, Session 2004–05, on Choice, Voice and Public Services; (18th July)
 (6630)
4.Office of the Deputy Prime Minister—Government response to the 9th Report of the ODPM Select Committee, Session 2004–05, on Ward Boundaries; (15th July)
 (6634)
5.Health—The Kerr/Haslam Inquiry. (18th July)
 (6640)
16.Statutory Instrument (Standing Order 71)—The following negative instrument, having been laid before the House on 15th July, was ordered to lie on the Table:

Postgraduate Medical Education and Training Board (Fees) Rules Order 2005, laid under the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003.

(1872)

17.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Merchant Shipping (Medical Examination) (Amendment) Regulations 2005, laid under the Merchant Shipping Act 1995.

(1919)

18.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 2004 of the operation of the Chemical Weapons Act 1996, laid under that Act;
2.Report and Accounts for 2004–05 of English Nature, together with the Report of the Comptroller and Auditor General, laid under the Environmental Protection Act 1990;
3.Accounts for 2004–05 of the Higher Education Funding Council for England, together with the Report of the Comptroller and Auditor General, laid under the Further and Higher Education Act 1992;
4. (i)Report and Accounts for 2004–05 of the Central Office of Information, together with the Report of the Comptroller and Auditor General—
(ii)Report and Accounts for 2004–05 of the Driving Standards Agency, together with the Report of the Comptroller and Auditor General—
(iii)Report and Accounts for 2004–05 of the Fire Service College, together with the Report of the Comptroller and Auditor General—
(iv)Report and Accounts for 2004–05 of the Patent Office, together with the Report of the Comptroller and Auditor General—
(v)Report for 2004–05 of the Royal Mint, together with the Report of the Comptroller and Auditor General—
 laid under the Government Trading Funds Act 1973;
5. (i)Report and Accounts for 2004–05 of Barnsley Hospital NHS Foundation Trust—
(ii)Report and Accounts for 2004–05 of the Basildon and Thurrock University Hospitals NHS Foundation Trust—
(iii)Report and Accounts for 2004–05 of the Cambridge University Hospitals NHS Foundation Trust—

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(iv)Report and Accounts for 2004–05 of the Chesterfield Royal Hospital NHS Foundation Trust—
(v)Report and Accounts for 2004–05 of the Countess of Chester Hospital NHS Foundation Trust—
(vi)Report and Accounts for 2004–05 of the City Hospitals Sunderland NHS Foundation Trust—
(vii)Report and Accounts for 2004–05 of Doncaster and Bassetlaw Hospitals NHS Foundation Trust—
(viii)Report and Accounts for 2004–05 of the Gloucestershire Hospitals NHS Foundation Trust—
(ix)Report and Accounts for 2004–05 of Guy’s and St Thomas’ NHS Foundation Trust—
(x)Report and Accounts for 2004–05 of the Harrogate and District NHS Foundation Trust—
(xi)Report and Accounts for 2004–05 of the Moorfields Eye Hospital NHS Foundation Trust—
(xii)Report and Accounts for 2004–05 of Peterborough and Stamford Hospitals NHS Foundation Trust—
(xiii)Report and Accounts for 2004–05 of the Royal Devon and Exeter NHS Foundation Trust—
(xiv)Report and Accounts for 2004–05 of the Sheffield Teaching Hospitals NHS Foundation Trust—
(xv)Report and Accounts for 2004–05 of the South Tyneside NHS Foundation Trust—
(xvi)Report and Accounts for 2004–05 of Stockport NHS Foundation Trust—
(xvii)Report for 2004–05 and Accounts for July 2004–March 2005 of the University College London NHS Foundation Trust—
(xviii)Report and Accounts for 2004–05 of the University Hospital Birmingham NHS Foundation Trust—
(xix)Accounts for 2004–05 of the Commission for Healthcare Audit and Inspection, together with the Report of the Comptroller and Auditor General—
(xx)Report by the Healthcare Commission on the State of Healthcare 2005—
(xxi)Report for 2005 of the Monitor and Independent Regulator of NHS Foundation Trusts—
 laid under the Health and Social Care (Community Health and Standards) Act 2003;
6.Report and Accounts for 2004–05 of the Stonebridge Housing Action Trust, laid under the Housing Act 1988;
7.Accounts for 2004–05 of the Pooling of Non-Domestic Rates and Redistribution to Local Authorities in England, together with the Report of the Comptroller and Auditor General, laid under the Local Government Finance Act 1988;
8.Report and Accounts for 2004–05 of the National Heritage Memorial Fund, laid under the National Heritage Act 1980;
9.Accounts for 2004–05 of the Heritage Lottery Fund, laid under the National Lottery etc. Act 1993;
10. (i)Report and Accounts for 2004–05 of the Environment and Heritage Service—
(ii)Report and Accounts for 2004–05 of the Roads Service—
 laid under the Northern Ireland Act 2000;
11.Report and Accounts for 2004–05 of the Pensions Compensation Board, together with the Report of the Comptroller and Auditor General, laid under the Pensions Act 1995;
12.Report and Account for 2004–05 of the Public Lending Right Scheme, laid under the Public Lending Right Act 1979;
13.Accounts for 2004–05 of the Research Councils’ Pension Scheme, together with the Report of the Comptroller and Auditor General, laid under the Science and Technology Act 1965;
14.Accounts for 2004–05 of the Crown’s Nominee, laid under the Treasury Solicitor Act 1876;
15.Report and Accounts for 2004–05 of the Countryside Agency, together with the Report of the Comptroller and Auditor General, laid under the Wildlife and Countryside Act 1981.

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Select Committee Report

19.Constitution Committee—The First Report from the Select Committee, First Progress Report 2005–06, was made and ordered to be printed, together with the Minutes of Evidence. (HL Paper 30)

Public Business

20.The late Rt Hon. Sir Edward Heath KG MBE—It was moved by the Lord President (Baroness Amos) that, as a mark of respect to the memory of the late Sir Edward Heath, this House do now adjourn; after debate, the motion was agreed to.

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


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 Christopher Robert Smith to the state degree style dignity title and honour of Baron Smith of Finsbury of Finsbury in Our London Borough of Islington

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 Smith of Finsbury 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 twenty-second 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 Katherine Patricia Irene Adams to the state degree style dignity title and honour of Baroness Adams of Craigielea of Craigielea in Renfrewshire

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 Adams of Craigielea 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-eighth day of June in the fifty-fourth year of Our Reign

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL