House of Lords Journal 239 (Session 2005-06)


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Thursday 17th 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.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Baldwin of Bewdley, E.
Ballyedmond, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bingham of Cornhill, L.
Birt, L.
Blaker, L.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Bowness, L.
Brabazon of Tara, L.
Bragg, L.
Bramall, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brooke of Sutton Mandeville, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carswell, L.
Carter, L.
Chan, L.
Chelmsford, Bp.
Chester, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Cope of Berkeley, L.
Corston, B.
Courtown, E.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Croham, L.
Cunningham of Felling, 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.
Dean of Thornton-le-Fylde, B.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
Drayson, L.
D’Souza, B.
Dubs, L.
Eatwell, L.
Eden of Winton, L.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.

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Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, 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.
Garden, L.
Gardner of Parkes, B.
Garel-Jones, L.
Gibson of Market Rasen, B.
Giddens, L.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Goodlad, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Greaves, L.
Greengross, B.
Greenway, L.
Griffiths of Fforestfach, L.
Grocott, L.
Hamwee, B.
Hanham, B.
Harris of Haringey, L.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Higgins, L.
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 Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Judd, L.
Kalms, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laird, L.
Laming, L.
Lamont of Lerwick, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Levy, L.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, 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.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Montagu of Beaulieu, L.
Montrose, D.
Moonie, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Yardley, B.
Mowbray and Stourton, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Noakes, B.
Northesk, E.
Northover, B.
Norton of Louth, L.
Oakeshott of Seagrove Bay, L.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Oppenheim-Barnes, B.
Ouseley, L.
Owen, L.
Parekh, L.
Park of Monmouth, B.
Parkinson, L.
Patel of Blackburn, L.
Paul, L.
Pendry, L.
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.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quirk, L.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rana, L.
Randall of St. Budeaux, L.
Rawlinson of Ewell, L.
Razzall, L.
Rea, L.
Redesdale, L.
Rees, L.
Rees-Mogg, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rosslyn, E.
Royall of Blaisdon, B.
Russell-Johnston, L.
St. Albans, Bp.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.

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Scott of Foscote, L.
Scott of Needham Market, B.
Seccombe, B.
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.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steinberg, L.
Stern, B.
Stevens of Kirkwhelpington, L.
Stewartby, 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.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
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.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Dinton, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Worcester, Bp.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Worcester.

Judicial Business

1.Office of the King’s Prosecutor, Brussels (Respondents) v. Armas (Appellant) and others (Criminal Appeal from Her Majesty’s High Court of Justice)—It was moved by the Lord Bingham of Cornhill, That the 24th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the High Court of Justice Queen’s Bench Division Divisional Court of 20th August 2004 be affirmed and the matter remitted to Deputy Senior District Judge Wickham for her to continue the hearing. [2005] UKHL 67
2.Douglas and another and others (Appellants) v. Hello! Limited and others (Respondents) (England)—The appeal of Northern & Shell plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December.
3.McCaughey (AP) (Appellant) v. Chief Constable of the Police Service Northern Ireland (Respondent) (Northern Ireland)—The appeal of Owen McCaughey was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December.
4.Jordan (AP) (Appellant) v. Lord Chancellor and another (Respondents) (Northern Ireland)—The appeal of Hugh Jordan was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th December.
5.OBG Limited and others (Appellants) v. Allan and others (Respondents)—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 19th December (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
6.Oxfordshire County Council (Respondents) v. Oxford City Council (Respondents) and another (Appellant) (2005)—
7.Oxfordshire County Council (Respondents) v. Oxford City Council (Appellants) and another (Respondent) (2005)—
8.Oxfordshire County Council (Appellants) v. Oxford City Council and another (Respondents) (2005)—

(Conjoined Appeals)—

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 12th December (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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9.Appeal Committee—The 56th Report from the Appeal Committee was agreed to and the following Orders were made—

Council for National Parks Limited (Petitioners) v. Pembrokeshire Coast National Park Authority (Respondents)—That the petition of J William McNamara, Bluestone Holdings Limited and Alfred McAlpine Construction Limited that they might be heard or otherwise intervene in the said appeal be refused.

Council for National Parks Limited (Petitioners) v. Pembrokeshire Coast National Park Authority (Respondents)—That the petition of Pembrokeshire County Council that they might be heard or otherwise intervene in the said appeal be refused.

Council for National Parks Limited (Petitioners) v. Pembrokeshire Coast National Park Authority (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.

10.Appeal Committee—The 57th Report from the Appeal Committee was agreed to and the following Orders were made—

Debenhams Retail plc and others (Petitioners) v. Sun Alliance and London Assurance Company Limited (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.

Her Majesty’s Revenue and Customs (Respondents) v. Debenhams Retail plc (Petitioners)—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.

Bradford & Bingley plc (Petitioners) v. Rashid (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 1st December.

Scouts Association Trust Corporation and others (Petitioners) v. Secretary of State for the Environment (Respondent)—That leave to appeal be refused.

Capewell (Respondent) v. Her Majesty’s Revenue and Customs (Petitioners) and another—That leave to appeal be given; and that the petition of appeal be lodged by 1st December.

Laboratoires Goemar SA (Respondents) v. La Mer Technology Inc (Petitioners)—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.

Taefi (Petitioner) v. Jeffrey Green Russell (a firm) (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.

Scammell and others (Petitioners) v. Dicker (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.

The House was adjourned during pleasure.

The House was resumed.

Papers

11.Command Paper—The following paper, having been presented to the House by command of Her Majesty, was ordered to lie on the Table:

Industrial Injuries—Report by the Industrial Injuries Advisory Council reviewing the prescription of the vinyl chloride monomer-related diseases.

(6645)

12.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Offshore Installations (Safety Case) Regulations 2005, laid under the Health and Safety at Work etc. Act 1974;
 (3117)
2.Occupational Pension (Revaluation) Order 2005, laid under the Pension Schemes Act 1993;
 (3156)
3. (i)Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2005—(3165)
(ii)Road Vehicles Lighting (Amendment) (No. 2) Regulations 2005—(3169)
(iii)Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 2005—(3170)
 laid under the Road Traffic Act 1988;

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4.Collection of Fines (Pilot Schemes) (Amendment No. 4) Order 2005, laid under the Courts Act 2003;
 (3166)
5.Plant Protection Products (Amendment) Regulations 2005, laid under the European Communities Act 1972;
 (3197)
6.Cash Ratio Deposits (Eligible Liabilities) (Amendment) Order 2005, laid under the Bank of England Act 1998;
 (3203)
7.Courses for Drink-Drive Offenders (Experimental Period) (Termination of Restrictions) Order (Northern Ireland) 2005, laid under the Road Traffic Offenders (Northern Ireland) Order 1996.
 (—)
13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Treasury Minute dated 17th November 2005, directing the application of certain amounts as Appropriations in Aid of the Estimates for 2005–06, laid under the Government Resources and Accounts Act 2000;
2.Report and Accounts for 2004–05 of the Fire Authority for Northern Ireland, laid under the Northern Ireland Act 2000.

Select Committee Report

14.Science and Technology—The 3rd Report from the Select Committee, Renewable Energy: Practicalities and Energy Efficiency: Government Responses, was made and ordered to be printed. (HL Paper 69)

Public Business

15.Immigration, Asylum and Nationality Bill—A bill to make provision about immigration, asylum and nationality; and for connected purposes was brought from the Commons, read a first time and ordered to be printed. (HL Bill 43)
16.Immigration, Asylum and Nationality Bill—It was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 43-EN)
17.Business of the House—It was moved by the Lord President (Baroness Amos) that the debates on the motions in the names of the Lord Freeman and the Lord Fowler set down for today shall each be limited to 2½ hours; the motion was agreed to.
18.Commonwealth (2½-hour debate)—It was moved by the Lord Freeman that there be laid before the House papers relating to the United Kingdom’s relations with the Commonwealth; after debate, the motion was (by leave of the House) withdrawn.
19.Pensions (2½-hour debate)—It was moved by the Lord Fowler that there be laid before the House papers relating to the current issues concerning public sector and private pensions; after debate, the motion was (by leave of the House) withdrawn.
20.Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005—It was moved by the Lord Warner that the draft Regulations laid before the House on 3rd November be approved; after debate, the motion was agreed to.
21.Avian flu—The Baroness Byford asked Her Majesty’s Government whether adequate safeguards are in place to deal with a potential outbreak of avian flu; after debate, the question was answered by the Lord Bach.

The House was adjourned at twenty-four minutes past six o’clock
till tomorrow, eleven o’clock.