House of Lords Journal 239 (Session 2005-06)


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Friday 9th December 2005

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Falconer of Thoroton, L.
(Lord Chancellor)

Ackner, L.
Adams of Craigielea, B.
Addington, L.
Ahmed, L.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Astor, V.
Astor of Hever, L.
Avebury, L.
Baker of Dorking, L.
Barker, B.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Bhatia, L.
Bhattacharyya, L.
Biffen, L.
Billingham, B.
Bilston, L.
Bonham-Carter of Yarnbury, B.
Boston of Faversham, L.
Brabazon of Tara, L.
Brennan, L.
Brett, L.
Bridgeman, V.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brown of Eaton-under-
Heywood, L.
Burlison, L.
Buscombe, B.
Butler of Brockwell, L.
Byford, B.
Campbell of Alloway, L.
Chalker of Wallasey, B.
Chorley, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Colwyn, L.
Cope of Berkeley, L.
Cox, B.
Craig of Radley, L.
Craigavon, V.
Cunningham of Felling, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Dholakia, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Elder, 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.
Faulkner of Worcester, L.
Filkin, L.
Forsyth of Drumlean, L.
Fowler, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Glentoran, L.
Golding, B.
Goodlad, L.
Gordon of Strathblane, L.

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Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Greenway, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayman, B.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooper, B.
Howarth of Newport, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Wirral, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jellicoe, E.
Jones of Cheltenham, L.
Jordan, L.
Judd, L.
Kalms, L.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kinnock, L.
Laird, L.
Lea of Crondall, L.
Leitch, L.
Lester of Herne Hill, L.
Lipsey, L.
Luke, L.
Lyell, L.
McAlpine of West Green, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maclennan of Rogart, L.
McNally, L.
Maginnis of Drumglass, L.
Manchester, Bp.
Marsh, L.
Massey of Darwen, B.
Maxton, L.
Merlyn-Rees, L.
Miller of Hendon, B.
Montgomery of Alamein, V.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
O’Cathain, B.
O’Neill of Bengarve, B.
O’Neill of Clackmannan, L.
Oxburgh, L.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Peston, L.
Plumb, L.
Ponsonby of Shulbrede, L.
Powell of Bayswater, L.
Prosser, B.
Quirk, L.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Reay, L.
Redesdale, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rochester, Bp.
Roper, L.
Rosslyn, E.
Russell-Johnston, L.
St. John of Bletso, L.
Sanderson of Bowden, L.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selsdon, L.
Sewel, L.
Shaw of Northstead, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Smith of Gilmorehill, B.
Soley, L.
Southwell and Nottingham, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Triesman, L.
Trumpington, B.
Truscott, L.
Turner of Camden, B.
Uddin, B.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Williams of Elvel, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Manchester.

Judicial Business

1.Kashmiri (FC) (Appellant) v. Secretary of State for the Home Department (Respondent)—
2.Huang (FC) (Respondent) v. Secretary of State for the Home Department (Appellant)—

(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 23rd January (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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3.Appeal Committee—The 65th Report from the Appeal Committee was agreed to and the following Orders were made—

Carter (sued on his own on behalf of the other members of the Labour Party) (Respondent) v. Ahsan (Petitioner)—That the respondent be invited to lodge objections by 4th January.

AON Trust Corporation Limited (Respondents) v. KPMG (a firm) (Petitioners) and others (Respondents)—That the respondents be invited to lodge objections by 4th January.

Seismic Shipping Inc and others (Respondents) v. Total E & P UK plc (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 4th January.

R (on the application of Grant) (FC) (Petitioner) v. London Borough of Lambeth (Respondents)—That the respondents be invited to lodge objections by 4th January.

R (on the application of Uruakpa) (Petitioner) v. Royal College of Veterinary Surgeons (Respondents)—That the petition be dismissed as inadmissible.

Hasan (Petitioner) v. Allders Department Stores plc (Respondents)—That the petition be dismissed as inadmissible.

OT Africa Line Limited (Respondents) v. Magic Sportswear Corporation and others (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.

Groveholt Limited (Respondents) v. Hughes (Petitioner) and others—That leave to appeal be refused.

Wiltshire County Council (Petitioners) v. Crest Estates Limited and others (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.

Papers

4.Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1.Double Taxation—Agreement between the United Kingdom and Georgia for the avoidance of Double Taxation and the Prevention of Fiscal Evasion;
 (6714)
2.Departmental Performance—Department for International Development Autumn Development Report 2005.
 (6706)
5.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i)Education (Teacher Student Loans) (Repayment etc.) (Amendment) Regulations 2005—(3309)
(ii)Education (Head Teachers’ Qualifications) (England) (Amendment) (No. 2) Regulations 2005—(3322)
 laid under the Education Act 2002;
2. (i)National Health Service (Primary Medical Services) (Miscellaneous Amendments) (No. 2) Regulations 2005(3315)
(ii)National Health Service (General Dental Services Contracts) Regulations 2005—(3361)
(iii)National Health Service (Personal Dental Services Agreements) Regulations 2005—(3373)
 laid under the National Health Service Act 1977;
3.Medicines for Human Use (Prescribing) (Miscellaneous Amendments) (No. 2) Order 2005, laid under the Medicines Act 1968;
 (3324)
4. (i)Independent Review of Determinations (Adoption) Regulations 2005—(3332)
(ii)Local Authority Adoption Service (England) (Amendment) Regulations 2005—(3339)
(iii)Voluntary Adoption Agencies (Amendment) Regulations 2005—(3341)
(iv)Local Authority (Adoption) (Miscellaneous Provisions) Regulations 2005—(3390)
 laid under the Adoption and Children Act 2002;
5.Non-Domestic Rating Contributions (Amendment) (England) Regulations 2005, laid under the Local Government Finance Act 1988;
 (3333)
6.Education (School Organisation Proposals) (Amendment) (No. 2) (England) Regulations 2005, laid under the School Standards and Framework Act 1998;
 (3342)

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7. (i)Biofuel (Labelling) (Amendment) Regulations 2005—(3355)
(ii)Occupational Pension Schemes (Internal Controls) Regulations 2005—(3379)
(iii)Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005—(3380)
(iv)Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2005—(3386)
(v)Avian Influenza (Preventative Measures) (No. 2) Regulations 2005—(3394)
(vi)Victims of Violent Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005—(3396)
 laid under the European Communities Act 1972;
8. (i)Occupational Pension Schemes (Scheme Funding) Regulations 2005—(3377)
(ii)Occupational Pension Schemes (Investment) Regulations 2005—(3378)
 laid under the Pensions Act 1995;
9. (i)Occupational Pension Schemes (Cross-border Activities) Regulations 2005—(3381)
(ii)Draft Code of Practice No. 3: Funding defined benefits—(—)
 laid under the Pensions Act 2004;
10.Income-related Benefits (Amendment) (No. 2) Regulations 2005, laid under the Social Security Contributions and Benefits Act 1992.
 (3391)

Public Business

6.Tax Law Rewrite Bills—It was moved by the Chairman of Committees that a Select Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider tax law rewrite bills, and in particular to consider whether each bill committed to it preserves the effect of the existing law, subject to any minor changes which may be desirable;

That, as proposed by the Committee of Selection, the following Lords be named of the Committee:

L. Blackwell
B. Cohen of Pimlico
L. Goodhart
L. Haskel
L. Howe of Aberavon
L. Millett;

That the Committee have power to agree with the Commons in the appointment of a Chairman;

That the quorum of the Committee shall be two;

That the Committee have leave to report from time to time;

That the Committee have power to appoint specialist advisers;

That the minutes of evidence taken before the Committee from time to time shall, if the Committee think fit, be printed; and

That the procedure of the Joint Committee shall follow the procedure of select committees of the House of Commons when such procedure differs from that of select committees of this House, and shall include the power of the chairman to select amendments;

the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

7.BBC Charter Review—It was moved by the Lord Fowler that this House takes note of the First Report of the Select Committee on the Review of the BBC’s Royal Charter (HL Paper 50); after debate, the motion was agreed to.
8.Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 9th November be approved; after debate, the motion was agreed to.
9.Serious Organised Crime and Police Act 2005 (Amendment) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 23rd November be approved; after debate, the motion was agreed to.
10.Proceeds of Crime Act 2002 and Money Laundering Regulations 2003 (Amendment) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 22nd November be approved; after debate, the motion was agreed to.
11.International Criminal Court (Immunities and Privileges) Order 2005—It was moved by the Lord Triesman that the draft Order laid before the House on 23rd November be approved; after debate, the motion was agreed to.
12.Sudan—The Baroness Cox asked Her Majesty’s Government what is their assessment of recent developments in Sudan; after debate, the question was answered by the Lord Triesman.

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