House of Lords Journal 239 (Session 2005-06)


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Thursday 13th October 2005

The House met at ten o’clock.

The following Lords Spiritual and Temporal were present:

Adams of Craigielea, B.
Addington, L.
Adonis, 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.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Beaumont of Whitley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Birt, L.
Blackstone, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Bramall, 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.
Burlison, L.
Buscombe, B.
Caithness, E.
Cameron of Dillington, L.
Cameron of Lochbroom, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carrington, L.
Carswell, L.
Carter, L.
Chalfont, L.
Chan, L.
Chandos, V.
Chidgey, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Cobbold, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Coventry, Bp.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Cunningham of Felling, L.
Dahrendorf, 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-Smith, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Elles, B.
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.
Ferrers, E.
Filkin, L.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Fyfe of Fairfield, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gibson of Market Rasen, B.
Giddens, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodlad, L.
Gordon of Strathblane, L.
Goschen, V.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Hale of Richmond, L.
Hamilton of Epsom, L.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haworth, L.
Hayhoe, L.
Henig, B.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hoffmann, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.

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Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lawson of Blaby, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lewis of Newnham, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McColl of Dulwich, L.
McDonagh, B.
MacGregor of Pulham Market, 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.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Manchester, Bp.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
May of Oxford, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Morgan, 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.
Murphy, B.
Murton of Lindisfarne, L.
Naseby, L.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
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.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Plant of Highfield, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Prys-Davies, L.
Quinton, L.
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.
Rendell of Babergh, B.
Renton, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodger of Earlsferry, L.
Rogan, 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.
Sanderson of Bowden, L.
Sandwich, E.
Sawyer, L.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Steyn, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, L.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, 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.
Tomlinson, L.
Tonge, B.
Tope, L.
Tordoff, L.
Truscott, L.
Tunnicliffe, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Tyler, L.
Uddin, B.
Ullswater, V.
Vincent of Coleshill, L.
Waddington, L.

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Wade of Chorlton, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Weidenfeld, L.
Whitaker, B.
Whitty, L.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Wilson of Tillyorn, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Coventry.

Judicial Business

1.Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 14th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 16th February 2005 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 56
2.Regina v. Secretary of State for Foreign and Commonwealth Affairs (Appellant) ex parte Quark Fishing Limited (Respondents)—
3.Regina v. Secretary of State for Foreign and Commonwealth Affairs (Respondent) ex parte Quark Fishing Limited (Appellants)

(Conjoined Appeals)—

It was moved by the Lord Bingham of Cornhill, That the 15th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal of the Secretary of State for Foreign and Commonwealth Affairs be allowed and the appeal of Quark Fishing Limited dismissed; that the Order of the Court of Appeal of 29th April 2004 be affirmed; that the Order of the Court of Appeal of 6th May 2004 be set aside so far as regards the declaration complained of by the Secretary of State and that no other form of declaration be substituted; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 57

4.Regina v. Ashworth Hospital Authority (now Mersey Care National Health Service Trust) (Appellants) ex parte Munjaz (FC) (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 16th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 21st July 2003 be set aside so far as regards the words complained of and in so far as that Order applies to the Mersey Care National Health Service Trust; that the Order of Mr Justice Sullivan in the High Court of 5th July 2002 be restored and Mr Munjaz’s application for judicial review dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 58
5.O (FC) (Appellant) v. Crown Court at Harrow (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice)—
6.In re O (Appellant) (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice)—

The petition of the appellant praying that the appeals be consolidated, that he be allowed to lodge one statement, one appendix and one case and that the respondents have leave to lodge one case and be jointly represented in respect of the two appeals (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

7.Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant)—The appellant’s certificate of public funding was lodged.
8.Appeal Committee—The following Order was made pursuant to the 27th Report:

R v. Richards (Petitioner)—That leave to appeal be refused.

9.Appeal Committee—The 36th Report from the Appeal Committee was agreed to and the following Orders were made—

Interfact Limited (Petitioners) v. Liverpool City Council (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

Pabo Limited (Petitioners) v. Liverpool City Council (Respondents)—That leave to appeal be refused; that the respondents be at liberty to apply for their 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.

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R v. Sellick (Petitioner) (First petition)—That the respondents be invited to lodge objections by 27th October.

R v. Sellick (Petitioner) (Second petition)—That the respondents be invited to lodge objections by 27th October.

10.Appeal Committee—The 37th Report from the Appeal Committee was agreed to and the following Order was made—

R v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—That the petition of the Secretary of State for the Home Department that he might be heard or otherwise intervene in the said appeal be allowed.

The House was adjourned during pleasure.

The House was resumed.

11.Barony of Swansea in the Peerage of the United Kingdom—The Petition of Richard Anthony Hussey Vivian claiming to have succeeded to the Barony of Swansea in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Swansea on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.
12.Barony of Revelstoke in the Peerage of the United Kingdom—The Petition of James Cecil Baring claiming to have succeeded to the Barony of Revelstoke in the Peerage of the United Kingdom and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Lord Revelstoke on his register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor to consider and report upon to the House pursuant to Standing Order 11.

Papers

13.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft European Communities (Definition of Treaties) (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) Order 2005, laid under the European Communities Act 1972, together with an Explanatory Memorandum;
2.Draft Civil Partnership (House of Commons Members’ Fund) Order 2005, laid under the Civil Partnership Act 2004, together with an Explanatory Memorandum.
14.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Disclosure of Vehicle Insurance Information Regulations 2005—(2833)
(ii)Royal Parks (Establishment of Eligibility for Transfer and Termination of Employment) Regulations 2005—(2868)
 laid under the Serious Organised Crime and Police Act 2005;
2.Rules of the Supreme Court (Northern Ireland) (Amendment No. 5) 2005, laid under the Judicature (Northern Ireland) Act 1978.
 (—)
15.Papers not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

14th Report by the Office of the Oversight Commissioner on the implementation of recommendations by the Independent Commission on Policing for Northern Ireland, laid under the Police (Northern Ireland) Act 2000.

Public Business

16.Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005—It was moved by the Lord President (Baroness Amos) that the draft Order be referred to a Grand Committee; the motion was agreed to.
17.Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005—It was moved by the Lord President (Baroness Amos) that the draft Regulations be referred to a Grand Committee; the motion was agreed to.
18.Children (Balloted debate)—It was moved by the Earl of Listowel that there be laid before the House papers relating to the key findings and recommendations of Safeguarding Children: the second joint Chief Inspectors’ Report on Arrangements to Safeguard Children and to the pending Government response; after debate, the motion was (by leave of the House) withdrawn.
19.Rainforests and logging (Balloted debate)—It was moved by the Lord Eden of Winton that there be laid before the House papers relating to the extent and consequences of the logging operations in the world’s rainforests; after debate, the motion was (by leave of the House) withdrawn.

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20.Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 10th October be approved; after debate, the motion was agreed to.

The House was adjourned at thirteen minutes before five o’clock
till tomorrow, eleven o’clock.