House of Lords Journal 239 (Session 2005-06)


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Thursday 15th December 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.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, 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.
Birt, L.
Blackstone, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, 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.
Butler of Brockwell, L.
Caithness, E.
Campbell of Alloway, L.
Campbell-Savours, L.
Carnegy of Lour, B.
Carrington, L.
Carswell, L.
Carter, L.
Carter of Coles, L.
Chester, Bp.
Chidgey, L.
Chorley, L.
Christopher, L.
Clark of Calton, B.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
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.
Dean of Thornton-le-Fylde, B.
Denham, L.
Dholakia, L.
Dixon, 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.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Ezra, L.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Finlay of Llandaff, B.

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Flather, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
Geddes, L.
Giddens, L.
Gilmour of Craigmillar, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goldsmith, L.
Goodhart, L.
Goodlad, L.
Goschen, V.
Goudie, B.
Gould of Potternewton, B.
Greengross, B.
Greenway, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L.
Hale of Richmond, B.
Hamilton of Epsom, L.
Hamwee, B.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Higgins, L.
Hodgson of Astley Abbotts, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
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.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hylton, L.
Inge, L.
Inglewood, L.
Irvine of Lairg, L.
Jacobs, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Jordan, L.
Kerr of Kinlochard, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
Kingsdown, L.
Kingsland, L.
Kinnock, L.
Kirkham, L.
Kirkwood of Kirkhope, L.
Laird, L.
Laming, L.
Lane of Horsell, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Layard, L.
Leitch, L.
Levy, L.
Linklater of Butterstone, B.
Lipsey, L.
Listowel, E.
Liverpool, E.
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.
Macdonald of Tradeston, 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.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mance, L.
Mar, C.
Marlesford, L.
Marshall of Knightsbridge, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Maxton, L.
May of Oxford, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Mitchell, L.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, 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.
Moynihan, L.
Murphy, B.
Naseby, L.
Neill of Bladen, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholls of Birkenhead, L.
Noakes, B.
Northbourne, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, 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.
Quinton, 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.
Rees-Mogg, L.
Rendell of Babergh, B.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rodger of Earlsferry, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Rooker, L.
Roper, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Salisbury, Bp.
Sanderson of Bowden, L.

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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.
Shephard of Northwold, B.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stevens of Kirkwhelpington, L.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Stratford, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taverne, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Temple-Morris, L.
Thomas of Gresford, L.
Thomas of Swynnerton, L.
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.
Tyler, L.
Uddin, B.
Vincent of Coleshill, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Watson of Richmond, L.
Weatherill, L.
Wedderburn of Charlton, L.
Weidenfeld, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Salisbury.

Judicial Business

1.Percy (AP) (Appellant) v. Church of Scotland Board of National Mission (Respondent) (Scotland)—It was moved by the Lord Nicholls of Birkenhead, That the 30th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that an Interlocutor of the First Division of the Inner House of the Court of Session in Scotland of 20th March 2001 be recalled and the appellant’s discrimination claim remitted to an employment tribunal for determination under section 63(1) of the Sex Discrimination Act 1975; that the respondent do pay to the appellant her expenses in the Inner House and her 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 expenses of the appellant in the Inner House and her costs in this House be taxed in accordance with the Legal Aid (Scotland) Act 1986. [2005] UKHL 73
2.Davidson (AP) (Appellant) v. Scottish Ministers (Respondents) (Scotland)—It was moved by the Lord Nicholls of Birkenhead, That the 31st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that an Interlocutor of an Extra Division of the Inner House of the Court of Session in Scotland of 18th December 2001 be recalled; and that the question of expenses and costs be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 74
3.Hamid (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of the Office of the United Nations High Commissioner for Refugees praying for leave to intervene in the said appeal by way of written submissions only was presented and referred to an Appeal Committee.
4.Gaafar (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of the Office of the United Nations High Commissioner for Refugees praying for leave to intervene in the said appeal by way of written submissions only was presented and referred to an Appeal Committee.
5.Mohammed (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of the Office of the United Nations High Commissioner for Refugees praying for leave to intervene in the said appeal by way of written submissions only was presented and referred to an Appeal Committee.
6.R v. Ali (Respondent)—Upon application by the petitioners (the agents for the respondent consenting thereto), it was ordered that the petition be withdrawn and that there be no order as to costs.

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7.Appeal Committee—The 69th Report from the Appeal Committee was agreed to and the following Order was made—

Miles (Petitioner) v. Chief Constable of Kent (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.

8.Appeal Committee—The 70th Report from the Appeal Committee was agreed to and the following Orders were made—

DN (by his litigation friend RN) (Petitioner) v. London Borough of Greenwich (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.

Seal (Petitioner) v. Chief Constable of South Wales Police (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 4th January next.

Malekout (Petitioner) v. Secretary of State for Health (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.

Westminster City Council and another (Petitioner) v. Morris (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 4th January.

R (on the application of Burke) (Petitioner) v. General Medical Council (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.

9.Appeal Committee—The 71st Report from the Appeal Committee was agreed to and the following Order was made—

Oxfordshire County Council (Respondents) v. Oxford City Council (Respondents) and another (Appellant) (2005)—

Oxfordshire County Council (Respondents) v. Oxford City Council (Appellants) and another (Respondent) (2005)—

Oxfordshire County Council (Appellants) v. Oxford City Council and another (Respondents) (2005)—

(Conjoined Appeals)—

That the petition of the Secretary of State for Environment, Food and Rural Affairs that he might be heard or otherwise intervene in the said appeal be allowed.

10.Appeal Committee—The 72nd Report from the Appeal Committee was agreed to and the following Orders were made—

Stack (Petitioner) v. Dowden (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 4th January.

Helena Housing Limited (Respondents) v. Pinder (FC) (Petitioner) and others—That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Hammond (Petitioner) v. Benefits Agency (Respondents)—That the petition be dismissed as inadmissible.

The House was adjourned during pleasure.

The House was resumed.

Papers

11.Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1.Defence—Defence Industrial Strategy: Government proposals;
 (6697)
2.Criminal Justice—Reducing Re-Offending Through Skills and Employment: Government consultation document;
 (6702)
3.Departmental Performance—
(i)Department of Trade and Industry Autumn Performance Report 2005;(6703)
(ii)Department for Work and Pensions Autumn Performance Report 2005;(6715)
(iii)Office of the Deputy Prime Minister Autumn Performance Report 2005;(6722)
4.Culture—Report of the Department for Culture, Media and Sport on the Export of Objects of Cultural Interest 2004-05;
 (6710)

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5.Standards in Public Life—Government Response to the 10th Report of the Standards in Public Life Committee, Session 2004-05: Implementing Standards of Conduct in Public Life;
 (6723)
6.Contingent Liability—
(i)Minute from the Northern Ireland Office on the legal indemnity for the Inquiry into the Death of Rosemary Nelson;(—)
(ii)Minute from the Northern Ireland Office on the legal indemnity for the Inquiry into the Death of Robert Hamill.(—)
12.Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

Draft Artist’s Resale Right Regulations 2006, laid under the European Communities Act 1972, together with an Explanatory Memorandum.

13.Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1.Lebanon and Syria (United Nations Measures) Order 2005, laid under the United Nations Act 1946;
 (3432)
2.Companies Act 1985 (Operating and Financial Review) (Repeal) Regulations 2005, laid under the Companies Act 1985;
 (3442)
3.Family Proceedings (Amendment No. 3) Rules (Northern Ireland) 2005, laid under the Family Law (Northern Ireland) Order 1993.
 (558)
14.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 2004 by the Registrar General on Birth Statistics, laid under the Registration Service Act 1953;
2.Report and Accounts for 2004–05 of the Community Fund, laid under the National Lottery etc. Act 1993.

Private Business

15.London Local Authorities and Transport for London Bill—The bill was brought from the Commons, read a first time and referred to the Examiners.

Public Business

16.Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that Standing Order 47 (No two stages of a Bill to be taken on one day) be dispensed with on Monday 19th December to allow the Consolidated Fund Bill to be taken through its remaining stages that day; the motion was agreed to.
17.Law Officers (Balloted debate)—It was moved by the Lord Rodgers of Quarry Bank that there be laid before the House papers relating to the role of the Law Officers; after debate, the motion was (by leave of the House) withdrawn.
18.Honour killings (Balloted debate)—It was moved by the Lord Russell-Johnston that there be laid before the House papers relating to the practice of honour killings and their incidence in the United Kingdom; after debate, the motion was (by leave of the House) withdrawn.
19.Subsidiarity: Early Warning Mechanism (EUC Report)—It was moved by the Lord Grenfell that this House takes note of the Report of the European Union Committee on the Subsidiarity Early Warning Mechanism (14th Report, Session 2004-05, HL Paper 101); after debate, the motion was agreed to.
20.Subsidiarity: Scrutiny (EUC Report)—It was moved by the Lord Grenfell that this House takes note of the Report of the European Union Committee on the Scrutiny of Subsidiarity: Follow up (15th Report, HL Paper 66); the motion was agreed to.
21.National Health Service (Dental Charges) Regulations 2005—It was moved by the Lord Warner that the draft Regulations laid before the House on 22nd November be approved; then it was moved by the Baroness Neuberger as an amendment thereto, at end to insert but this House regrets that the Government have ignored the concerns expressed by the British Dental Association and the National Consumer Council about insufficient forward planning and communication of the new and radical restructuring of the way that the public are to be charged for dental services, which will have a disproportionate effect on those least able to afford the increases, particularly in areas where access to dental services is already restricted”; after debate, the amendment was (by leave of the House) withdrawn; then the original motion was agreed to.

The House was adjourned at twenty minutes before eight o’clock

to Monday next, half-past two o’clock.

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APPENDIX 1

PROCEEDINGS OF THE GRAND COMMITTEE (IN THE MOSES ROOM)

The Committee met at two o’clock.

Compensation Bill [HL]—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 14.

The Committee was adjourned at two minutes before six o’clock.