House of Lords Journal 239 (Session 2005-06)


Previous Next

Page 266

2005-06

Volume 239

Thursday 20th October 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.
Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Birt, L.
Blackwell, L.
Blaker, L.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, 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.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carswell, L.
Carter, L.
Chidgey, L.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
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.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Dundee, E.
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.
Exeter, Bp.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Fellowes, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Gibson of Market Rasen, B.
Giddens, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Goudie, B.
Gould of Brookwood, L.
Graham of Edmonton, L.
Grantchester, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Fforestfach, L.
Grocott, L.
Habgood, 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.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Healey, L.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hoffmann, L.
Hogg of Cumbernauld, L.
Hollick, L.
Hollis of Heigham, B.
Home, E.
Hooson, L.
Hope of Craighead, 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.

Page 267

2005-06

Volume 239      

Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Judd, L.
Kerr of Kinlochard, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkham, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lane of Horsell, L.
Layard, L.
Leicester, Bp.
Leitch, L.
Lester of Herne Hill, L.
Lindsay, E.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Lloyd-Webber, L.
Lockwood, B.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
Macaulay of Bragar, L.
McColl of Dulwich, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Drumadoon, 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.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Moonie, L.
Morgan, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Mowbray and Stourton, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Newby, L.
Newcastle, Bp.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Noakes, B.
Northesk, E.
Northover, B.
Norton of Louth, L.
Norwich, Bp.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Patel, L.
Patel of Blackburn, L.
Paul, 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.
Platt of Writtle, B.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Rees, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rochester, Bp.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Rosser, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
Sainsbury of Turville, 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.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sewel, L.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Stewartby, 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.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.

Page 268

2005-06

Volume 239

Back to top

Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Tyler, L.
Uddin, B.
Ullswater, V.
Waddington, L.
Wakeham, L.
Walker of Gestingthorpe, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Willoughby de Broke, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.

PRAYERS were read by the Lord Bishop of Norwich.

1.Oath—Donald Sage Lord Mackay of Drumadoon took and subscribed the oath pursuant to statute.

Judicial Business

2.Synthon BV (Appellants) v. Smithkline Beecham plc (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 17th 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 17th July 2003 be set aside and the Order of Mr Justice Jacob in the High Court of Justice Chancery Division Patents Court of 3rd December 2002 restored; and that there be no order as to costs in the Court of Appeal or in this House. [2005] UKHL 59
3.MH (by her litigation friend, Official Solicitor) (FC) (Respondent) v. Secretary of State for the Department of Health (Appellant) and others—It was moved by the Lord Bingham of Cornhill, That the 18th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order and declarations of the Court of Appeal of 3rd December 2004 be set aside and the Order of Mr Justice Silber in the High Court of Justice Queen’s Bench Division Administrative Court of 22nd January 2004 restored; that the respondent do pay to the appellant his costs in the Court of Appeal and this House; that the amounts thereof, if any, to be paid by the respondent and to be paid out of the Community Legal Service Fund be determined by a Costs Judge for those costs incurred in the Court of Appeal and certified by the Clerk of the Parliaments for those incurred in this House in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 60
4.Campbell (Appellant) v. MGN Limited (Respondents)—It was moved by the Lord Nicholls of Birkenhead, That the 42nd Report from the Appeal Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the petition of MGN Limited, praying that the House make a ruling that the percentage uplift provided for in the conditional fee agreements made between Ms Naomi Campbell and her solicitors and Counsel in respect of her appeal to this House should be wholly disallowed on legal grounds, be dismissed; and that the question of costs of the petition be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 61
5.College of Estate Management (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Appellants)—It was moved by the Lord Rodger of Earlsferry on behalf of the Lord Steyn, That the 19th 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 11th August 2004 be set aside and the Order of Mr Justice Lightman in the High Court of Justice Chancery Division of 13th November 2003 restored; and that the respondents do pay to the appellants their costs in the Court of Appeal and this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 62
6.DN (by his litigation friend RN) (Petitioner) v. London Borough of Greenwich (Respondents)—The petition of DN praying for leave to appeal was presented and referred to an Appeal Committee.
7.Appeal Committee—The 43rd Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—

Habib Bank Limited (Petitioners) v. Iqbal (FC) (Respondent)—That leave to appeal be refused; and that the petitioners do pay to the respondent the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties, and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999.

Page 269

2005-06

Volume 239

Back to top

8.Appeal Committee—The 44th Report from the Appeal Committee was agreed to and the following Orders were made—

Black and others (Petitioners) v. Davies (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.

Thomson (Petitioner) v. Christie Manson & Woods Limited (Respondents) and others—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.

Her Majesty’s Revenue and Customs (Respondents) v. Stringer and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 3rd November.

CIBC Mellon Trust Company (acting in its capacity as Trustee of the Chrysler Canada Limited’s Benefits Plan, the Chrysler Canada Limited Master Trust Fund, the Chrysler Canada Limited Non-Canadian Master Trust, the Holmes Foundry Division Master Trust Fund and the Chrysler Canada Limited Supplemental Unemployment Benefits Plan) and others (Respondents) v. Stolzenberg and others and another (Petitioner)—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.

Newton (Petitioner) v. Bicknell and Bicknell Associates (a firm) (Respondents) (2005)—That the petition be dismissed as inadmissible.

Alford (Respondent) v. Department for the Environment, Food and Rural Affairs (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

Rakem (Petitioner) v. Embaby (Respondent)—That the petition be dismissed as inadmissible.

The House was adjourned during pleasure.

The House was resumed.

Papers

9.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Council Tax (Exempt Dwellings) (Amendment) (England) Order 2005—(2865)
(ii)Council Tax (Civil Partners) (England) Regulations 2005—(2866)
 laid under the Local Government Finance Act 1992;
2. (i)Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005—(2877)
(ii)Civil Partnership Act 2004 (Tax Credits, etc.) (Consequential Amendments) Order 2005—(2919)
 laid under the Civil Partnership Act 2004;
3. (i)Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005—(2878)
(ii)Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 4) Regulations 2005—(2894)
 laid under the Social Security Contributions and Benefits Act 1992;
4.Pension Protection Fund (Insolvent Partnerships) (Amendment of Insolvency Events) Order 2005, laid under the Pensions Act 2004;
 (2893)
5.Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005, laid under the Licensing Act 2003;
 (2918)
6.Civil Partnership (Contracted-Out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005, laid under the Northern Ireland Act 2000.
 (—)
10.Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:

Report for 2004 of the Animal Procedures Committee, laid under the Animals (Scientific Procedures) Act 1986.

Page 270

2005-06

Volume 239

Back to top

Public Business

11.Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the debates on the motions in the names of the Lord Dholakia and the Lord Renton of Mount Harry set down for today shall each be limited to 2½ hours and that in the name of the Baroness Scott of Needham Market to 3 hours; the motion was agreed to.
12.Prisons: suicides (2½-hour debate)—It was moved by the Lord Dholakia that there be laid before the House papers relating to the rate of suicides in prison, and the effect of overcrowding on vulnerable inmates; after debate, the motion was (by leave of the House) withdrawn.
13.House-building programme (3-hour debate)—It was moved by the Baroness Scott of Needham Market that there be laid before the House papers relating to the environmental and social consequences of the Government’s house-building programme; after debate, the motion was (by leave of the House) withdrawn.
14.Financing of the Common Agricultural Policy (EUC Report) (2½-hour debate)—It was moved by the Lord Renton of Mount Harry that this House takes note of the Report of the European Union Committee on The Future Financing of the Common Agricultural Policy (2nd Report, HL Paper 7); after debate, the motion was agreed to.

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