House of Lords Journal 239 (Session 2005-06)


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Thursday 21st July 2005

The House met at a quarter before ten o’clock.

The following Lords Spiritual and Temporal were present:

Ackner, L.
Adams of Craigielea, B.
Addington, L.
Ahmed, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Birt, L.
Blackstone, B.
Blaker, L.
Bonham-Carter of Yarnbury, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookeborough, V.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carswell, L.
Carter, L.
Chan, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colwyn, L.
Cope of Berkeley, L.
Corston, B.
Craig of Radley, L.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Darcy de Knayth, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.

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Donaldson of Lymington, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, 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.
Evans of Temple Guiting, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Ferrers, E.
Filkin, L.
Fitt, L.
Flather, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Freeman, L.
Fritchie, B.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Gregson, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayman, B.
Henig, B.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howard of Rising, L.
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 Wirral, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jones of Cheltenham, L.
Jopling, L.
Kilclooney, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laidlaw, L.
Laird, L.
Lamont of Lerwick, L.
Lawson of Blaby, L.
Layard, L.
Lea of Crondall, L.
Leicester, Bp.
Lewis of Newnham, L.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lucas, L.
Lyell, L.
McColl of Dulwich, L.
McDonagh, B.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
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.
Manchester, Bp.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Montagu of Beaulieu, L.
Montrose, D.
Moonie, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murton of Lindisfarne, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Norwich, Bp.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Park of Monmouth, B.
Parkinson, L.
Patel of Blackburn, L.
Paul, L.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plummer of St. Marylebone, L.
Prosser, B.
Prys-Davies, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Richardson of Calow, B.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodger of Earlsferry, L.
Roper, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Sewel, L.

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Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Shephard of Northwold, B.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Steyn, L.
Strabolgi, L.
Stratford, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Temple-Morris, L.
Thomas of Swynnerton, 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.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Tyler, L.
Uddin, B.
Ullswater, V.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Walker of Worcester, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, 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.
Windlesham, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Worcester.

Judicial Business

1.Regina v. Soneji and another (Respondents) (On Appeal from the Court of Appeal (Criminal Division))— It was moved by the Lord Steyn, That the 7th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Orders of the Court of Appeal Criminal Division of 20th June 2003 be set aside and the Confiscation Orders and Certificates made by His Honour Judge Focke QC in the Crown Court at Southwark and dated 21st February 2002 restored; and that the certified question be answered in accordance with the opinions expressed in this House. [2005] UKHL 49
2.Regina v. Knights and another (Appellants) (On Appeal from the Court of Appeal (Criminal Division))— It was moved by the Lord Steyn, That the 8th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the certified question be answered in the negative; and that the Orders of the Court of Appeal Criminal Division of 16th December 2002 be affirmed and the appeal dismissed. [2005] UKHL 50
3.Majrowski (Respondent) v. Guy’s and St. Thomas’ NHS Trust (Appellants) (England)— The appeal of Guy’s and St. Thomas’ NHS Trust was presented and it was ordered that, notwithstanding Standing Order VI, the statement and appendix thereto be lodged on or before 3rd October.
4.Farley (Respondent) v. Child Support Agency and another (Petitioners)— The petition of the Child Support Agency and the Secretary of State for Work and Pensions praying for leave to appeal was presented and referred to an Appeal Committee.
5.Douglas and another and others (Petitioners) v. Hello! Limited and others (Respondents)— The petition of Northern & Shell plc praying for leave to appeal was presented and referred to an Appeal Committee.
6.R (on the application of Laporte) (FC) (Original Petitioner and Cross-respondent) v. Chief Constable of Gloucestershire (Original Respondent and Cross-petitioner)— The petition of the Chief Constable of Gloucestershire praying for leave to cross-appeal was presented and referred to an Appeal Committee.
7.Law Society (Original Respondents and Cross-appellants) v. Sephton & Co (a firm) (Original Appellants and Cross-respondents) and another and others (Original Appellants and Cross-respondents)— The appeal was set down for hearing and referred to an Appellate Committee (lodged 19th July).
8.Tehrani (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) (Scotland)— The appeal was set down for hearing and referred to an Appellate Committee.

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9.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 3rd August (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 20th July).

The House was adjourned during pleasure.

The House was resumed.

Papers

10.Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1.Human Rights—Report for 2005 by the Foreign and Commonwealth Office;
 (6606)
2.Elections—Government Response to the Report of the House of Commons Select Committees on Constitutional Affairs and the Office of the Deputy Prime Minister, Session 2004-05: Electoral Registration;
 (6647)
3.Health—Government Response to the 6th Report of the House of Commons Health Select Committee, Session 2004–05, on Continuing Care;
 (6650)
4.Housing—Government Response to the 8th Report of the House of Commons Select Committee on the Office of the Deputy Prime Minister, Session 2004–05: Empty Homes and Low-demand Pathfinders.
 (6651)
11.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Weights and Measures (Miscellaneous Foods) (Amendment) Order 2005, laid under the Weights and Measures Act 1985.

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Honey (Amendment) (England) Regulations 2005, laid under the Food Safety Act 1990;
 (1920)
2.M25 and M27 Motorway (Speed Limit) Regulations 2005, laid under the Road Traffic Regulation Act 1984;
 (1999)
3.Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005, laid under the Consumer Protection Act 1987;
 (2001)
4. (i)Animals and Animal Products (Import and Export) (England) Regulations 2005—(2002)
(ii)Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2005—(2003)
 laid under the European Communities Act 1972.
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Department for the Environment, Food and Rural Affairs Exotic Animal Disease Generic Contingency Plan, laid under the Animal Health Act 2002;
2.Accounts for 2002–03 of Funds in Court of the Supreme Court of Judicature and of the County Courts in Northern Ireland, together with the Report of the Comptroller and Auditor General, laid under the Judicature (Northern Ireland) Act 1978;
3.Report and Accounts for 2003–04 of the General Lighthouse Fund, laid under the Merchant Shipping Act 1995;
4.Report and Accounts for 2003–04 of the Police Complaints Authority, laid under the Police Act 1996;
5.Report for 2004 of the Certification Monitor, laid under the Nationality, Immigration and Asylum Act 2002;
6.Report and Accounts for 2004–05 of the Housing Corporation, laid under the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003;
7.Report for 2004 and Accounts for 2004–05 of the Commission for Racial Equality, laid under the Race Relations Act 1976;
8.Report and Accounts for 2004–05 of the Central Police Training and Development Authority, laid under the Criminal Justice and Police Act 2001;
9.Accounts for 2004–05 of the Qualifications and Curriculum Authority, together with the Report of the Comptroller and Auditor General, laid under the Education Act 1997;
10.First Annual Report to Parliament on the Security of Gas and Electricity Supply in Great Britain by the Secretary of State for Trade and Industry, laid under the Energy Act 2004;
11.Report and Accounts for the period 1st December 2004 to 31st March 2005 of the Nuclear Decommissioning Authority, laid under the Energy Act 2005;

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12.Report and Accounts for 2004–05 of the Forensic Science Service, together with the Report of the Comptroller and Auditor General, laid under the Government Trading Funds Act 1973;
13. (i)Accounts for 2004–05 of the National Health Service Appointments Commission—
(ii)Report and Accounts for 2004–05 of the National Health Service Litigation Authority—
 laid under the National Health Service Act 1977;
14. (i)Report and Accounts for 2004–05 of the London Thames Gateway Development Corporation—
(ii)Report and Accounts for 2004–05 of the Thurrock Thames Gateway Development Corporation—
 laid under the Local Government, Planning and Land Act 1980;
15.Report and Accounts for 2004–05 of the Council for Healthcare Regulatory Excellence, laid under the National Health Service Reform and Health Care Professions Act 2002;
16.Accounts for 2004–05 of the Marshall Aid Commemoration Commission, together with the Report of the Comptroller and Auditor General, laid under the Marshall Aid Commemoration Act 1953;
17.Overseas Service Pensions (Defunding) Amendment Scheme 2005, laid under the Overseas Pensions Act 1973;
18.Report for 2004–05 of the Independent Race Monitor, laid under the Race Relations (Amendment) Act 2000;
19.Report and Accounts for 2004–05 of the Strategic Rail Authority, laid under the Transport Act 2000;
20.Report for 2004–05 of Energywatch, laid under the Utilities Act 2000.
14.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:

Community Legal Service (Financial) (Amendment No. 2) Regulations 2005, laid under the Access to Justice Act 1999.

(1097)

15.Registration of Interests—It was ordered that the Register of Lords’ Interests, prepared by the Clerk of the Parliaments pursuant to the Code of Conduct adopted by the House on 2nd July 2001, be printed. (HL Paper 31)

Select Committee Report

16.House of Lords’ Annual Report—It was ordered that the Report for the year 2004–05, as authorised by the House Committee, be printed. (HL Paper 41)

Public Business

17.Regulation of Financial Services (Land Transactions) Bill—A bill to enable activities relating to certain arrangements involving the acquisition or disposal of land to be regulated under the Financial Services and Markets Act 2000 was brought from the Commons, read a first time and ordered to be printed. (HL Bill 19)
18.Regulation of Financial Services (Land Transactions) Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 19-EN)
19.Business of the House—It was moved by the Lord President (Baroness Amos) that the order of 13th July referring the Unstarred Question in the name of the Viscount Astor to a Grand Committee be discharged; the motion was agreed to.
20.Charities Bill [hl]— It was moved by the Lord Grocott, on behalf of the Baroness Scotland of Asthal, that the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 6
Schedules 1 and 2
Clauses 7 and 8
Schedules 3 and 4
Clauses 9 to 12
Schedule 5
Clauses 13 to 29
Schedule 6
Clauses 30 to 33
Schedule 7
Clauses 34 to 73
Schedules 8 to 10
Clauses 74 to 77;

the motion was agreed to.

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21.Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005—
22.Code of Practice: Access and Unfair Practices during Recognition and Derecognition Ballots—
23.Code of Practice: Industrial Action Ballots and Notice to Employers—

It was moved by the Lord McKenzie of Luton, on behalf of the Lord Sainsbury of Turville, that the draft Order and Codes of Practice laid before the House on 5th July be approved en bloc; the motion was agreed to.

24.Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005—
25.Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005—
26.Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005—

It was moved by the Lord Evans of Temple Guiting that the draft Orders laid before the House on 7th June be approved en bloc; the motion was agreed to.

27.Railways (Convention on International Carriage by Rail) Regulations 2005—
28.Railways Act 1993 (Determination of Turnover) Order 2005—

It was moved by the Lord Davies of Oldham that the draft Regulations and Order laid before the House on 13th and 14th June be approved en bloc; the motion was agreed to.

29.Organ transplants (Balloted debate)— It was moved by the Lord Hughes of Woodside that there be laid before the House papers relating to the benefits of organ transplants, and the case for increasing the number of organ donations; after debate, the motion was (by leave of the House) withdrawn.
30.Cancer treatment (Balloted debate)— It was moved by the Lord Campbell-Savours that there be laid before the House papers relating to the availability of Positron Emission Tomography (PET) scanners and associated equipment in the treatment of cancer within the National Health Service; after debate, the motion was (by leave of the House) withdrawn.

The House was adjourned at twenty-eight minutes before three o’clock
to Monday 10th October next, half-past two o’clock except for judicial business.