House of Lords Journal 239 (Session 2005-06)


Previous Next

Thursday 3rd November 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.
Alderdice, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.

Page 300

2005-06

Volume 239      

Arran, E.
Ashdown of Norton-sub-
Hamdon, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, 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.
Boothroyd, B.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradshaw, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Brown of Eaton-under-
Heywood, L.
Buscombe, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter, L.
Chalker of Wallasey, B.
Chan, L.
Chapman, B.
Chelmsford, Bp.
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.
Cuckney, L.
Cunningham of Felling, L.
Currie of Marylebone, L.
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.
Dykes, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elis-Thomas, L.
Elles, B.
Elton, L.
Elystan-Morgan, 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.
Flather, B.
Fookes, B.
Forsyth of Drumlean, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Garden, L.
Gardner of Parkes, B.
Gibson of Market Rasen, B.
Giddens, L.
Gilmour of Craigmillar, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goodlad, L.
Goschen, V.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greaves, L.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Hale of Richmond, B.
Hamilton of Epsom, L.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haskins, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Henley, L.
Higgins, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Hooson, L.
Hope of Craighead, L.
Howard of Rising, L.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Inglewood, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jellicoe, E.
Jenkin of Roding, 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.
Kinnock, L.
Laird, L.
Lane of Horsell, L.
Lang of Monkton, L.
Layard, L.
Lea of Crondall, L.
Leitch, L.
Levy, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Livsey of Talgarth, L.
Lockwood, B.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
MacGregor of Pulham Market, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maginnis of Drumglass, L.

Page 301

2005-06

Volume 239

Back to top

Mar, C.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Maxton, L.
May of Oxford, 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.
Moonie, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Morris of Yardley, B.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nickson, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
Oliver of Aylmerton, L.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Oxburgh, L.
Palmer, L.
Park of Monmouth, B.
Patel, 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.
Plumb, L.
Plummer of St. Marylebone, L.
Ponsonby of Shulbrede, L.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Ramsay of Cartvale, B.
Randall of St. Budeaux, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees of Ludlow, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rochester, Bp.
Rodgers of Quarry Bank, L.
Rogan, L.
Roper, 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.
Sandwich, E.
Sawyer, L.
Scotland of Asthal, B.
Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
Selsdon, L.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Sheldon, L.
Shephard of Northwold, B.
Shrewsbury, E.
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.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Tebbit, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Trumpington, B.
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.
Wall of New Barnet, B.
Walmsley, B.
Walpole, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
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.
Winchester, Bp.
Windlesham, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Speaker (Lord Bingham of Cornhill).

Judicial Business

1.Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) (Respondent)—
2.Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema (FC) (Respondent)—

Page 302

2005-06

Volume 239

Back to top

3.Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela (FC) (Respondent)

(Conjoined Appeals)—

It was moved by the Lord Bingham of Cornhill, That the 23rd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged in the appeal of the Secretary of State against Adam, that the appeal be dismissed; that the Order of the Court of Appeal of 21st May 2004 and also the Order of Mr Justice Charles in the High Court of Justice Queen’s Bench Division Administrative Court of 17th February 2004 be affirmed; that the appellant do pay to the respondent his costs in this House, 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 in this House be taxed in accordance with the Access to Justice Act 1999; that in the appeal of the Secretary of State against Tesema, the appeal be dismissed; that the Order of the Court of Appeal of 21st May 2004 and also the Order of Mr Justice Gibbs in the High Court of Justice Queen’s Bench Division Administrative Court of 16th February 2004 be affirmed; that the appellant do pay to the respondent his costs in this House, 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 in this House be taxed in accordance with the Access to Justice Act 1999; and that in the appeal of the Secretary of State against Limbuela, the appeal be dismissed; that the Order of the Court of Appeal of 21st May 2004 and also the Order of Mr Justice Collins in the High Court of Justice Queen’s Bench Division Administrative Court of 4th February 2004 be affirmed; that the appellant do pay to the respondent his costs in this House, 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 in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 66

4.Autologic Holdings plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
5.BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
6.The Future Network plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
7.Perkins Engines Company Limited and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
8.HJ Heinz Company Inc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—
9.British Telecommunications plc and others (Respondents) v. Her Majesty’s Commissioners of Inland Revenue (Appellants)—

(Conjoined Appeals)—

Further to the Judgment of the House of 28th July 2005 (Session 2004-05 [2005] UKHL 54), it was ordered that the respondents do pay or cause to be paid to the appellants one-half of their costs in the High Court of Justice Chancery Division so far as regards the jurisdiction issues relating to the category 1 claims as described in the several orders of Mr Justice Park of 31st March 2004, one half of their costs in Her Majesty’s Court of Appeal and one half of their costs in this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties: and that the appellants do pay or cause to be paid to the respondents their costs in the High Court of Justice Chancery Division so far as regards the jurisdiction issues relating to the category 2, 3 and 4 claims.

10.Appeal Committee—The following Orders were made pursuant to the 36th Report:

R v. Sellick (Petitioner) (First petition)—That leave to appeal be refused.

R v. Sellick (Petitioner) (Second petition)—That leave to appeal be refused.

11.Appeal Committee—The following Orders were made pursuant to the 39th Report:

McCaughey (AP) (Petitioner) v. Chief Constable of the Police Service Northern Ireland (Respondent) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 17th November.

Jordan (AP) (Petitioner) v. Lord Chancellor and another (Respondents) (Northern Ireland)—That leave to appeal be given; and that the petition of appeal be lodged by 17th November.

The House was adjourned during pleasure.

The House was resumed.

Page 303

2005-06

Volume 239

Back to top

Papers

12.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005, laid under the International Organisations Act 1968, together with an Explanatory Memorandum;
2.Draft Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, laid under the Social Security Act 1988, together with an Explanatory Memorandum;
3.Draft Retention of Communications Data (Further Extension of Initial Period) Order 2005, laid under the Anti-terrorism, Crime and Security Act 2001, together with an Explanatory Memorandum.
13.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.North-West, Severn-Trent and Welsh Regional Flood Defence Committees (Boundaries Alteration) Order 2005, laid under the Environment Act 1995;
 (3047)
2.Draft Code of Practice for using Plant Protection Products, laid under the Food and Environment Protection Act 1985.
 (—)
14.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 2004–05 of the Youth Justice Board for England and Wales, laid under the Crime and Disorder Act 1998;
2.Report for 2004–05 of the Chief Surveillance Commissioner to the Prime Minister and to Scottish Ministers, laid under the Police Act 1997;
3. (i)Report for 2004 of the Interception of Communications Commissioner—
(ii)Report for 2004 of the Intelligence Services Commissioner—
 laid under the Regulation of Investigatory Powers Act 2000.

Public Business

15.Ecclesiastical Committee—The Lord Chancellor acquainted the House that, pursuant to section 2 of the Church of England Assembly (Powers) Act 1919, he had nominated the following Lords to be members of the Ecclesiastical Committee established under that Act, and to serve for the duration of the present Parliament:
Davies of Coity, L.
Elton, L.
Judd, L.
Laming, L.
Lloyd of Berwick, L.
Massey of Darwen, B.
Newby, L.
Perry of Southwark, B.
Pilkington of Oxenford, L.
Rendell of Babergh, B.
Shaw of Northstead, L.
Wallace of Saltaire, L.
Walpole, L.
Wilcox, B.
Williams of Elvel, L.

16.Business of the House—It was moved by the Lord Davies of Oldham, on behalf of the Lord President (Baroness Amos), that the debate on the motion in the name of the Lord Bhattacharyya set down for today shall be limited to 2 hours and that in the name of the Lord Puttnam to 3½ hours; the motion was agreed to.
17.Commissioner for Older People (Wales) Bill [HL]—It was moved by the Lord Evans of Temple Guiting that the amendments for the Report stage be marshalled and considered in the following order:

Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 6
Schedule 3
Clauses 7 to 21
Schedule 4
Clauses 22 to 29;

the motion was agreed to.

18.Science and technology (2-hour debate)—It was moved by the Lord Bhattacharyya that there be laid before the House papers relating to the contribution of science and technology to the United Kingdom economy; after debate, the motion was (by leave of the House) withdrawn.
19.Parliament and the public (3½-hour debate)—It was moved by the Lord Puttnam that there be laid before the House papers relating to the Hansard Society report, Members Only? Parliament in the Public Eye, on participation in the political process; after debate, the motion was (by leave of the House) withdrawn.

Page 304

2005-06

Volume 239

Back to top

20.Immigration (Provision of Physical Data) (Amendment) Regulations 2005—It was moved by the Lord Bassam of Brighton, on behalf of the Baroness Scotland of Asthal, that the draft Regulations laid before the House on 10th October be approved; after debate, the motion was agreed to.
21.Tourism—The Lord Clement-Jones asked Her Majesty’s Government what action they are taking to ensure that their policies reflect the value of tourism and travel to the British economy; after debate, the question was answered by the Lord Davies of Oldham.

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